A CRITICAL APPRAISAL OF THE LEGAL FRAMEWORK ON THE CRIME OF GENOCIDE AND THE NEED FOR EXPENDING THE VICTIM BASE

This research revisits the legal framework for the crime of genocide, emphasizing the need to expand the victim base beyond the current four protected groups—national, ethnic, racial, and religious—recognised under international law. The problem lies in the rigid categorisation that excludes many vulnerable groups from protection against mass atrocities. This research aimed to propose a more inclusive legal framework that addresses these gaps and ensures comprehensive protection. Using a doctrinal and comparative methodology, this study examined the historical evolution of the genocide definition, international jurisprudence, and domestic legal systems, including that of Nigeria. Findings reveal that while tribunals like the ICTR and ICTY have broadened interpretive scope, significant limitations persist. This study advocated for the inclusion of new groups, such as political, social, and gender-based groups, using criteria of stability, identifiability, and historical persecution. Recommendations include amending the Genocide Convention, adopting additional protocols, and enhancing domestic capacity through legislative reforms and judicial training. The proposed framework balances legal certainty with the imperative to adapt to contemporary realities of mass atrocities. Contributing to international criminal law, this research calls for collective action by States and international organizations to prevent and punish the evolving patterns of genocide, advancing global commitment to safeguarding human dignity.