Turken Talks

Turken Talks aim to foster a deeper understanding of global issues, providing a platform for intellectual growth and discussion.

The role of the State plan or policy element in the crime of genocide remains one of the most debated issues in international criminal law. While tribunal jurisprudence has affirmed that genocide may be committed by an individual without any State involvement, scholarly opinion and judicial reasoning continue to diverge on whether a State plan or policy requirement should be recognised. The talk examines the evolution of this debate through the lens of international jurisprudence, particularly the recent body of case law of the International Court of Justice (ICJ). The research argues that, although current legal doctrine does not treat a State plan or policy as a constitutive element of genocide, such policy has become an increasingly important evidentiary factor in establishing genocidal intent. The analysis demonstrates that a subtle shift is occurring in both State practice and judicial interpretation, suggesting a potential move toward recognising the nexus between genocidal intent and State plan or policy as integral to proving the crime of genocide.

Core Argument

Although current legal doctrine does not classify a State plan or policy as a constitutive element of genocide, recent legal developments indicate a gradual shift. State policies are increasingly used as critical evidentiary indicators of genocidal intent, pointing toward a future where this nexus may play a more central role in proving the crime of genocide.

Why This Talk?

This discussion is particularly timely given the evolving geopolitical landscape and the rising number of genocide-related cases before international courts. It offers students, researchers, policy practitioners, and anyone interested in international law a nuanced understanding of how legal interpretation is shifting — and what this means for the future prosecution of genocide.

About the speaker:

Tofig Shahniyarov is a senior PhD candidate in Law at Middlesex University London. He teaches several modules in public international law and has contributed as a rule of law and human rights expert to EU-funded projects. Originally from Azerbaijan, his research engages deeply with questions at the intersection of international criminal law, state responsibility, and human rights practice.

About the Organiser

Turken Foundation UK

Established in 2015, TURKEN Foundation UK is a broad and diverse body that aims to serve students in further and higher education across the UK. It is a non-governmental, non-profit organisation that aims to help newcomer students adapt to British culture, lifestyle, the city itself and the institutions. It prepares a conducive environment for students to thrive and makes their studies more effective. It improves students' lives in an ever-changing, complex global society and fulfils their needs for housing, transportation, communication and all other requirements related to their education. In September 2019, Turken Foundation UK moved a new office, which will be a central meeting point for newcomers and current university students in London.