50. The obligation of third states to prevent genocide
In the political and public debate, there is a serious lack of clarity about the precise legal nature and substance of the obligation of third states, such as the Netherlands, to prevent genocide. For that reason, the Advisory Committee on Issues of Public International Law (CAVV) decided that it is desirable to issue an advisory report concerning this matter on its own initiative.
The Netherlands, which has a constitutional obligation to promote the development of the international legal order,2 can be expected to respond appropriately when a situation involving a serious risk of genocide arises. The purpose of this advisory report is to set out the relevant parameters.
[The original advisory report in Dutch has been published on August 4, 2025. An English translation of the advisory report has been available since September 26, 2025.]
The advisory report is structured as follows. Section 1 sets out the scope and limitations of this advisory report. Section 2 describes the legal framework governing the obligation that rests on third states to prevent genocide. Section 3 addresses the nature of the obligation, and section 4 discusses which measures third states can take to discharge the obligation. The report concludes with a summary of its recommendations.