Prosecuting genocide and crimes against humanity as ordinary offences: What consequences?

The chapter aims to investigate the consequences of prosecuting genocide and crimes against humanity as “ordinary offences” at the domestic level. In order to give some tentative answer to the question, the analysis addresses the extent of States’ obligations to prosecute such conducts pursuant to international law, as such. The consequences of prosecuting genocide and crimes against humanity as ordinary offences are investigated (1) within the system of the Rome Statute of the International Criminal Court; and (2) within the international legal order. Each section considers two different scenarios: (a) the conduct can be prosecuted as an ordinary offence at the domestic level; and (b) national criminal tribunals cannot exercise their jurisdiction over the conduct because the timeframe under the statute of limitations expired in relation to such ordinary offence.