Advice on Legal Obligation of Third States to Prevent Genocide
image: Bady Abbas via Unsplash
The Dutch Advisory Committee on Public International Law has, on its own initiative, provided advice to the Dutch government regarding the duty of third states to prevent genocide under the Genocide Convention. The Committe's advice addresses the legal uncertainty in political and societal debates about this duty.
The CAVV (Commissie van advies volkenrechtelijke vraagstukken) is an independent body that advises the Dutch government and parliament on issues of public international law. Two Grotius Centre scholars, Daniëlla Dam and Cecily Rose, are members of the Dutch Advisory Committee on Public International Law, and contributed to the CAVV’s advice. Daniëlla Dam is Professor of International Sustainable Development Law and director of the Grotius Centre of International Law, and Cecily Rose is associate professor of public international law.
The CAVV’s advice addresses the meaning and scope of the obligation of third states (i.e. states not directly involved in a situation of genocide) to prevent genocide. The advice does not focus on specific situations, but relates to all cases involving (a serious risk of) genocide, both now and in the future.
Under international law, the prevention of genocide is not optional. The obligation to do so is laid down in the Genocide Convention and has been addressed by the International Court of Justice. This obligation applies not only to states that are directly involved in a given situation, but to all states that are parties to the Convention. This obligation takes effect when a state is aware of a serious risk of genocide being committed. Every state is obliged to act, even if it does not have the capacity, on its own, to prevent a genocide. The individual actions of states can, taken together, prevent a genocide.
The CAVV published its advice a few days before an important debate in the Dutch House of Representatives on the situation in Gaza. Although the report did not focus specifically on that situation, it was frequently cited during the debate. The report also attracted substantial media coverage, including from NOS journaal, EenVandaag, and in various newspapers.
An English translation of the conclusions of the CAVV’s report is now available on the website of the CAVV. The English translation of the full advisory report will be published by October 2025.