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.