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Author : Jennifer Balint
Publisher : Routledge
Page : 249 pages
File Size : 47,7 Mb
Release : 2011-10-28
Category : Law
ISBN : 9781136654152
Genocide, State Crime and the Law argues that genocide and other forms of state crime must be located in relation to cultural, political and legal processes if they are to be properly understood and addressed.
Author : Jennifer Balint
Publisher : Routledge
Page : 275 pages
File Size : 45,9 Mb
Release : 2011-10-31
Category : Law
ISBN : 9781136654145
Genocide, State Crime and the Law critically explores the use and role of law in the perpetration, redress and prevention of mass harm by the state. In this broad ranging book, Jennifer Balint charts the place of law in the perpetration of genocide and other crimes of the state together with its role in redress and in the process of reconstruction and reconciliation, considering law in its social and political context. The book argues for a new approach to these crimes perpetrated 'in the name of the state' - that we understand them as crimes against humanity with particular institutional dimensions that law must address to be effective in accountability and as a basis for restoration. Focusing on seven instances of state crime - the genocide of the Armenians by the Ottoman state, the Holocaust and Nazi Germany, Cambodia under the Khmer Rouge, apartheid South Africa, Ethiopia under Mengistu and the Dergue, the genocide in Rwanda, and the conflict in the former Yugoslavia - and drawing on others, the book shows how law is companion and collaborator in these acts of nation-building by the state, and the limits and potentials of law's constitutive role in post-conflict reconstruction. It considers how law can be a partner in destruction yet also provide a space for justice. An important, and indeed vital, contribution to the growing interest and literature in the area of genocide and post-conflict studies, Genocide, State Crime and the Law will be of considerable value to those concerned with law's ability to be a force for good in the wake of harm and atrocity.
Author : Caroline Fournet
Publisher : Routledge
Page : 216 pages
File Size : 48,7 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317037033
This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.
Author : Paul Behrens
Publisher : Routledge
Page : 328 pages
File Size : 41,6 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317036968
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.
Author : Pieter Nicolaas Drost
Publisher : Unknown
Page : 252 pages
File Size : 45,7 Mb
Release : 1959
Category : Crimes against humanity
ISBN : IND:32000004636595
Author : Nasour Koursami
Publisher : Springer
Page : 236 pages
File Size : 40,7 Mb
Release : 2018-02-10
Category : Law
ISBN : 9789462652255
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.
Author : John Quigley
Publisher : Ashgate Publishing, Ltd.
Page : 328 pages
File Size : 45,8 Mb
Release : 2013-01-28
Category : Political Science
ISBN : 9781409493075
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.
Author : Dawn Rothe
Publisher : Lexington Books
Page : 286 pages
File Size : 45,7 Mb
Release : 2009-08-13
Category : Political Science
ISBN : 9780739126714
State crimes are historically and contemporarily ubiquitous and result in more injury and death than traditional street crimes such as robbery, theft, and assault. Consider that genocide during the 20th century in Germany, Rwanda, Darfur, Albania, Turkey, Ukraine, Cambodia, Bosnia-Herzegovina, and other regions claimed the lives of tens of millions and rendered many more homeless, imprisoned, and psychologically and physically damaged. Despite the gravity of crimes committed by states and political leaders, until recently these harms have been understudied relative to conventional street crimes in the field of criminology. Over the past two decades, a growing number of criminologists have conducted rigorous research on state crime and have tried to disseminate it widely including attempts to develop courses that specifically address crimes of the state. Referencing a broad range of cases of state crime and international institutions of control, State Criminality provides a general framework and survey-style discussion of the field for teaching undergraduate and graduate students, and serves as a useful general reference point for scholars of state crime.
Author : William Schabas
Publisher : Cambridge University Press
Page : 644 pages
File Size : 52,6 Mb
Release : 2000-08-31
Category : Law
ISBN : 0521787904
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.
Author : Dawn Rothe,Christopher W. Mullins
Publisher : Rutgers University Press
Page : 353 pages
File Size : 46,5 Mb
Release : 2011
Category : Law
ISBN : 9780813549002
Through a collection of essays by leading scholars in the field, State Crime offers a set of cases exemplifying state criminality along with various methods for controlling governmental transgressions.
Author : Christian Tams,Lars Berster,Björn Schiffbauer
Publisher : Bloomsbury Publishing
Page : 632 pages
File Size : 48,7 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781849467582
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.
Author : Penny Green,Tony Ward
Publisher : Pluto Press (UK)
Page : 274 pages
File Size : 47,9 Mb
Release : 2004-01-20
Category : Law
ISBN : STANFORD:36105114295590
Shows how transnational corporations use lobby groups to shape EU policy. New updated edition
Author : William Schabas
Publisher : Cambridge University Press
Page : 760 pages
File Size : 49,5 Mb
Release : 2009-02-19
Category : Law
ISBN : 9780521883979
Previous edition, 1st, published in 2000.
Author : Marco Odello,Piotr Łubiński
Publisher : Routledge
Page : 251 pages
File Size : 51,6 Mb
Release : 2020-07-14
Category : History
ISBN : 9781000076721
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
Author : Payam Akhavan
Publisher : Cambridge University Press
Page : 211 pages
File Size : 52,5 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780521824415
Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?
