***SPOILER ALERTS***
Who is Itachi Uchiha?
Itachi Uchiha is one of a prominent character in an anime “Naruto”. He has been portrayed as a villain, who slaughtered his entire clan; sparing only his younger brother “Sasuke” to exploit him, once he gets older. The anime begins with Sasuke taking vow to avenge his clan by killing his elder brother Itachi.
Why Itachi slaughtered his clan?
Itachi belonged to “Uchiha” clan. The member of Uchiha clan possess a special eye called “Sharingan”. Once sharingan is activated, such person would react very fast and read opponent’s attack very quickly. If an Uchiha member suffers high degree of emotional trauma, their Sharingan evolves; making them even more powerful. This made the Uchiha clan fearsome.
Even with all the powers; the clan was side-lined and none of the members were ever given any higher administrative position, in the village. The higher administration of village believed that assimilating Uchihas in village administration, could hamper the internal peace. Meanwhile, the Uchiha clan started to secretly meet and plan to execute coup d’etat. Itachi being the member of Uchiha clan, was also a spy working for the village administration.
One of a prominent member of village administration gave a TOP SECRET mission to Itachi. He was assigned to slaughter his entire clan. Consequently, stopping any possibility of Coup d’etat. The slaughter would include everyone, including woman and child!
The reason implied was that, it would make sure that there is no future cycle of hatred against the village. In return, the village administration would protect ‘Sasuke’ from any adversary. Additionally, the blame of slaughter would fall over Itachi and he will have to leave the village as an International terrorist.
Itachi loved his younger brother Sasuke. In order to make sure, that peace is maintained in the village; he slaughtered his entire clan within one night.
He confronted sasuke and told him, that in order to evolve his sharingan, he slaughtered his own clan.
Who was responsible for the Genocide (Village or Itachi)?
Post the Genocide, the State (village) [Main decision makers] were aware of the whole plan.
The State internally legitimize the act of Genocide and kept using Itachi as a spy to deal with the Foreign threats.
[Village ~ The State]
Who do you think committed the Genocide? The State or Itachi? Logically, the charge falls on the State! Itachi was an accomplice and not the main conspirator.
In this plot, Itachi volunteered and associated himself to the State to commit the Genocide. Hence, making him an accomplice.
It was still the ‘State’, which legitimized and directed Itachi to carry out the Genocide plan.
One who associates with offenders in the commission of a crime
Who is an accomplice? (Chandan v. Emperor)
The mission to commit Uchiha massacre was given by DANZO to Itachi. According to him, it was the only way to maintain the internal peace in the village. Whatever the mens-rea may be, the actus-reus was the total elimination of a clan. It makes Danzo the main conspirator of committing the Genocide.
What International Law says?
According to the Genocide Convention Article I, the contracting State shall prevent and punish the culprit of Genocide. And let’s consider that all the villages were the signatories and ratified the Genocide Convention.
The Convention on the Prevention and Punishment of the Crime of Genocide
Genocide Convention
Did Konoha (The name of village) prevent the Genocide?
Hiruzen the third Hokage (The Head of the Village) tried to evade the situation. However, Danzo went ahead with the plan and made the plot to massacre the whole clan.
The State was supposed to identify Danzo and others as the main culprit, and consequently, they should have been punished. However, he was still bestowed with the highest position in the village. While Itachi was used as an scape goat!
Where the culprit should be punished?
According to Article VI of the Convention, a person charged with the offence of committing Genocide, shall be tried by the court that has the territorial Jurisdiction over the place, where the act happened.
Technically, the culprit should be tried and be punished before the Judicial body which in present case, would be in the Konoha.
In case, the offender is beyond the territory of the State, the hosting state, based upon their present law and enforceable treaties; should grant the extradition.
According to the convention, The State hosting Itachi would had to initiate extradition and had to handover him to the Konoha.
The Domestic Laws would have been invoked against Itachi; including Murder, Culpable Homicide, Criminal Trespass, Terror charges, Affray, etc.
While it is clear that Itachi committed the offence of Genocide; it is imperative that State appeared to have instigated Itachi to commit this offence. Apart from Itachi being the accomplice; the State is the culprit of Genocide.
Whether Konoha was obliged to not commit Genocide?
Article I of the Genocide Convention states:
The Contracting Parties confirm that genocide, whether committed in time of peace or in
time of war, is a crime under international law which they undertake to prevent and to
punish.
If we see, it states “The State shall undertake to Prevent and Punish”. On plain reading, it infers that the State has a duty to prevent it. It doesn’t seem that, State has been obligated to not commit the genocide.
The Answer seems to be NO! However, International Court of Justice interpreted it otherwise!
International Court of Justice held that, obligation to prevent Genocide, also includes, prohibition to commit it! (Para 166 of Judgment). This Judgment has its own criticism; however, this Judgment implies that, Konoha was OBLIGED to not commit the Genocide!
Whether the Danzo could be Penalized?
It is clear that, Danzo and other higher ups of the village committed the Genocide and hence breached the Convention. So whether, Danzo and other higher ups could had been penalized for this offence?
Article IV of the Convention states that, whoever commit the following offences, be it ruler, public official or private individual; will be punished:
Considering Konoha to be signatory of this Convention, Danzo and other higher ups would be tried based on the laws of Konoha.
To make sure, that everyone is legally protected; they made sure that, the Uchiha Clan massacre would be classified as a TOP SECRET MISSION.
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