This thesis examines whether the jurisprudence of the International Court of Justice provides a coherent temporal framework for the obligation to prevent genocide. Focusing on Bosnia v Serbia and subsequent jurisprudence, it analyses when the obligation arises and when failure to act constitutes a breach.
It considers the concepts which jurisprudence has attached to the obligation; such as serious risk, knowledge, capacity to influence, and due diligence, and their contributions to temporal framework.
The tension identified is the arising of the obligation being of prospective nature; when a State knows, or should have known, of a serious risk of genocide, yet responsibility for breach remains dependent upon the subsequent occurrence of genocide.
The thesis concludes that the ICJ has strengthened the preventive character of the Genocide Convention but has not established a fully coherent temporal framework for its enforcement. This reflects a broader challenge for international law: how to enforce obligations aimed at preventing future harm under conditions of uncertainty.