Classifying Genocide In International Law

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Classifying Genocide in International Law

Onur Uraz
Classifying Genocide in International Law Book PDF

Author : Onur Uraz
Publisher : Taylor & Francis
Page : 272 pages
File Size : 50,5 Mb
Release : 2022-08-05
Category : Law
ISBN : 9781000628562

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Classifying Genocide in International Law by Onur Uraz Pdf

This book offers an in-depth examination into genocide law by focusing on one of the lesser examined, yet practically significant, issues: the ‘substantiality requirement’. This refers to the requirement in international law that intended destruction should be directed towards a ‘substantial’ part of a protected group in order for an atrocity to qualify as genocide. This comprehensive and detailed study draws connections between different judicial approaches to ‘substantiality’ and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide. The book systematically explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging ‘relational approaches to genocide’, offers a third way to understand the existing legal representation of the crime and, consequently, the idea of ‘substantiality’. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan. This book will be highly useful to students and scholars with an interest in genocide studies, international criminal law and legal theory. It will also be of interest to policymakers engaged with issues around genocide.

The Genocide Convention

John Quigley
The Genocide Convention Book PDF

Author : John Quigley
Publisher : Routledge
Page : 362 pages
File Size : 47,5 Mb
Release : 2016-03-09
Category : Political Science
ISBN : 9781317030720

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The Genocide Convention by John Quigley Pdf

The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

Genocide in International Law

William Schabas
Genocide in International Law Book PDF

Author : William Schabas
Publisher : Cambridge University Press
Page : 644 pages
File Size : 43,7 Mb
Release : 2000-08-31
Category : Law
ISBN : 0521787904

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Genocide in International Law by William Schabas Pdf

The 1948 Genocide Convention has suddenly become a vital legal tool in the international campaign against impunity. The succinct provisions of the Convention are now being interpreted in important judgements by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and a growing number of domestic courts. In this definitive work William A. Schabas focuses on the judicial interpretation of the Convention, debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations, and the growing body of case law. Detailed attention is given to the concept of protected groups, to the quantitative dimension of genocide, to problems of criminal prosecution including defenses and complicity, and to issues of international judicial cooperations such as extradition. He also explores the duty to prevent genocide, and the consequences this may have on the emerging law of humanitarian intervention.

The Criminal Law of Genocide

Paul Behrens
The Criminal Law of Genocide Book PDF

Author : Paul Behrens
Publisher : Routledge
Page : 328 pages
File Size : 54,7 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317036968

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The Criminal Law of Genocide by Paul Behrens Pdf

This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.

The Concept of Genocide in International Criminal Law

Marco Odello,Piotr Łubiński
The Concept of Genocide in International Criminal Law Book PDF

Author : Marco Odello,Piotr Łubiński
Publisher : Routledge
Page : 251 pages
File Size : 54,7 Mb
Release : 2020-07-14
Category : History
ISBN : 9781000076721

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The Concept of Genocide in International Criminal Law by Marco Odello,Piotr Łubiński Pdf

This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies. Chapter 12 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003015222

The 'Contextual Elements' of the Crime of Genocide

Nasour Koursami
The Contextual Elements of the Crime of Genocide Book PDF

Author : Nasour Koursami
Publisher : Springer
Page : 236 pages
File Size : 41,5 Mb
Release : 2018-02-10
Category : Law
ISBN : 9789462652255

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The 'Contextual Elements' of the Crime of Genocide by Nasour Koursami Pdf

This book examines the position of ‘contextual elements’ as a constitutive element of the legal definition of the crime of genocide, and determines the extent to which an individual génocidaire is required to act within a particular genocidal context. Unlike other books in the field of the study of the crime of genocide, this book captures the nuance and the complex issues of the debate by providing book-length comprehensive examination of the position of contextual elements in light of the evolution of genocide as a concept and the literal legal definition of the crime of genocide, which expressly characterized the crime with only the existence of an individualistic intent to destroy a group. With scholars of international criminal law, students, researchers, practitioners in the field, and international criminal tribunals in mind, the author tackles many of the issues raised on the position of contextual elements in both academic literature and judicial decisions. Nasour Koursami is the Director of Applied Research and a Lecturer at the National School of Administration in Chad. He studied law at Cardiff and Bristol Universities and holds a Ph.D. in International Law from the University of Edinburgh.

Genocide in International Law

William Schabas
Genocide in International Law Book PDF

Author : William Schabas
Publisher : Cambridge University Press
Page : 760 pages
File Size : 45,5 Mb
Release : 2009-02-19
Category : Law
ISBN : 9780521883979

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Genocide in International Law by William Schabas Pdf

Previous edition, 1st, published in 2000.

Convention on the Prevention and Punishment of the Crime of Genocide,

Christian Tams,Lars Berster,Björn Schiffbauer
Convention on the Prevention and Punishment of the Crime of Genocide Book PDF

Author : Christian Tams,Lars Berster,Björn Schiffbauer
Publisher : Bloomsbury Publishing
Page : 632 pages
File Size : 53,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781849467582

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Convention on the Prevention and Punishment of the Crime of Genocide, by Christian Tams,Lars Berster,Björn Schiffbauer Pdf

The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) has a special standing in international law and international politics. For 60 years, the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the 'crime of crimes'. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that 'genocide is the ultimate form of discrimination'. In the same context the chief prosecutor of the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has as such influenced the subsequent development of many different areas of international law. For example, the 1951 Advisory Opinion on the Genocide Convention enabled the International Court of Justice to shape the modern regime of reservations to treaties. More recently, the prohibition against genocide has become a crucial pillar of the regime of international criminal law developing since the 1990s, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia and the permanent International Criminal Court.In this work the 19 provisions of the Convention are analysed article-by-article, with abundant references to state practice and case law.

The Concept of Genocide in International Criminal Law

Marco Odello,Piotr Łubiński
The Concept of Genocide in International Criminal Law Book PDF

Author : Marco Odello,Piotr Łubiński
Publisher : Unknown
Page : 0 pages
File Size : 52,7 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1410154308

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The Concept of Genocide in International Criminal Law by Marco Odello,Piotr Łubiński Pdf

This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe which was then incorporated into the 1948 Convention against the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts and see whether the definition in the 1948 Convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights and Genocide Studies.

International Law and the Classification of Conflicts

Elizabeth Wilmshurst
International Law and the Classification of Conflicts Book PDF

Author : Elizabeth Wilmshurst
Publisher : OUP Oxford
Page : 568 pages
File Size : 53,6 Mb
Release : 2012-08-02
Category : Law
ISBN : 9780191632235

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International Law and the Classification of Conflicts by Elizabeth Wilmshurst Pdf

This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.

The UN Genocide Convention

Paola Gaeta
The UN Genocide Convention Book PDF

Author : Paola Gaeta
Publisher : Unknown
Page : 616 pages
File Size : 53,6 Mb
Release : 2009
Category : Law
ISBN : 9780199570218

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The UN Genocide Convention by Paola Gaeta Pdf

The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future. "

A Collective Theory of Genocidal Intent

Sangkul Kim
A Collective Theory of Genocidal Intent Book PDF

Author : Sangkul Kim
Publisher : Springer
Page : 235 pages
File Size : 48,9 Mb
Release : 2016-05-24
Category : Law
ISBN : 9789462651234

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A Collective Theory of Genocidal Intent by Sangkul Kim Pdf

Tackling one of the most confusing and controversial issues in the field of international criminal law — i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the ‘conduct level’ and ‘context level’, it detects the genocidal intent element at the ‘context level’. The genocidal intent found in this manner belongs to a collective, which significantly departs from the prior individualistic understandings of the notion of genocidal intent. The author argues that the crime of genocide is not a ‘crime of mens rea’. Collective genocidal intent at the ‘context level’ operates in a way that renders the crime of genocide itself a criminal enterprise. The idea of genocide as a criminal enterprise also suggests that genocide is a leadership crime in respect of which only the high-level actors can be labeled as principals (as opposed to accessories). The book criticizes the dominant individualistic approaches to genocidal intent (in particular: the knowledge-based approach) which have thus far governed the relevant jurisprudential and academic analysis. It further demonstrates that the hidden notion of ‘collective genocide’ silently governs the relevant international jurisprudence. Practitioners and academics in the field of international criminal law and related disciplines will find in this book a new approach to the crime of genocide. The text is the first-ever book-length exposition of a collective account of genocidal intent. Its accessibility is highly enhanced by relevant footnotes.Sangkul Kim is Lecturer at Korea University in Seoul and Research Fellow with the Centre for International Law Research and Policy (CILRAP).He served as Associate Legal Adviser at the Office of the Prosecutor of the International Criminal Court (2004-2008). He earned law degrees from Korea University and Georgetown University Law Center.

Elements of Genocide

Paul Behrens,Ralph Henham
Elements of Genocide Book PDF

Author : Paul Behrens,Ralph Henham
Publisher : Routledge
Page : 273 pages
File Size : 54,5 Mb
Release : 2013-05-07
Category : Law
ISBN : 9781136168567

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Elements of Genocide by Paul Behrens,Ralph Henham Pdf

Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.

The United Nations Genocide Convention

Samuel Totten,Henry Theriault
The United Nations Genocide Convention Book PDF

Author : Samuel Totten,Henry Theriault
Publisher : University of Toronto Press
Page : 172 pages
File Size : 42,7 Mb
Release : 2020
Category : History
ISBN : 9781487524081

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The United Nations Genocide Convention by Samuel Totten,Henry Theriault Pdf

THE UNCG is a complicated piece of international law. This book, authored by two experts on the topic of genocide, enables readers to more accurately analyze these horrific events.

The Crime of Genocide in International Law

George William Mugwanya
The Crime of Genocide in International Law Book PDF

Author : George William Mugwanya
Publisher : Cameron May, Limited
Page : 376 pages
File Size : 43,8 Mb
Release : 2007
Category : Law
ISBN : STANFORD:36105131733136

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The Crime of Genocide in International Law by George William Mugwanya Pdf

The Crime of Genocide in International Law offers a comprehensive evaluation of the contribution of the UN International Criminal Tribunal for Rwanda to the development of the crime of genocide. The author's analysis of ICTR jurisprudence and other relevant sources, reveal the pioneering role of the Court in establishing the contours of the crime.