The International Court of Justice (ICJ) serves as the primary judicial organ of the United Nations. While the court has become a critical tool for states seeking to hold others accountable for acts of genocide, its strict evidentiary standards have often hindered its ability to find states liable. In the ongoing case of The Gambia v. Myanmar, the court’s high threshold for proving specific "intent to destroy" raises concerns about whether justice will truly be served and the ICJ's potential to adequately uphold the Genocide Convention in future cases. Volume XLVIII staff editor Amanda Núñez examines how the ICJ’s current framework may be setting the bar too high and explores proposed reforms to the interpretation of the special intent standard that could enhance the court's ability to uphold the Genocide Convention.
Read More