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Author : David Hirsh
Publisher : Routledge
Page : 301 pages
File Size : 49,6 Mb
Release : 2012-09-10
Category : Law
ISBN : 9781135311513
Bringing a sociologist's insight to legal institutions and narratives, this book is an innovative and timely sociological contribution to current concerns regarding critical cosmopolitanism, human rights and crimes against humanity.
Author : Christian Tams,Lars Berster,Björn Schiffbauer
Publisher : Bloomsbury Publishing
Page : 632 pages
File Size : 42,6 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 : H. G. Van Der Wilt,Harmen van der Wilt,Jeroen Vervliet
Publisher : Martinus Nijhoff Publishers
Page : 306 pages
File Size : 53,8 Mb
Release : 2012-05-16
Category : Law
ISBN : 9789004153288
Genocide is acknowledged as 'the crime of crimes'. This book is the product of an encounter between scholars of historical and legal disciplines which have joined forces to address the question of whether the legal concept of genocide still corresponds with the historical and social perception of the phenomenon.
Author : Caroline Fournet
Publisher : Routledge
Page : 216 pages
File Size : 55,8 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 : William Schabas
Publisher : Cambridge University Press
Page : 644 pages
File Size : 46,7 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 : William Schabas
Publisher : Cambridge University Press
Page : 760 pages
File Size : 46,6 Mb
Release : 2009-02-19
Category : Law
ISBN : 9780521883979
Previous edition, 1st, published in 2000.
Author : Elisa Novic
Publisher : Oxford University Press
Page : 289 pages
File Size : 43,8 Mb
Release : 2016
Category : Law
ISBN : 9780198787167
Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
Author : Paul Behrens,Ralph Henham
Publisher : Routledge
Page : 260 pages
File Size : 52,6 Mb
Release : 2013-05-07
Category : Law
ISBN : 9781136168567
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.
Author : Raphael Lemkin
Publisher : The Lawbook Exchange, Ltd.
Page : 718 pages
File Size : 52,5 Mb
Release : 2014
Category : History
ISBN : 9781584775768
"In this study Polish emigre Raphael Lemkin (1900-1959) coined the term 'genocide' and defined it as a subject of international law"--Provided by publisher.
Author : Samuel Totten,Henry C. Theriault
Publisher : University of Toronto Press
Page : 172 pages
File Size : 43,7 Mb
Release : 2019-11-20
Category : Political Science
ISBN : 9781487533229
It is virtually impossible to understand the phenomenon of genocide without a clear understanding of the complexities of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (UNCG). This brief but cogent book provides an introduction to the unique wording, legal terminology, and key components of the convention, which was adopted by the United Nations General Assembly in 1948. Providing clarity on the distinctions between genocide, crimes against humanity, war crimes, and ethnic cleansing, this book is designed to be an entry into further study of genocide in its legal, historical, political, and philosophical dimensions. Key terms, such as intent and motive, are explained, case studies are included, and a detailed bibliography at the conclusion of the book offers suggested avenues for more advanced study of the UNCG.
Author : Michael Bazyler
Publisher : Oxford University Press
Page : 362 pages
File Size : 52,9 Mb
Release : 2016-10-25
Category : History
ISBN : 9780199749164
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
Author : Christian J. Tams,Björn Schiffbauer,Lars Berster
Publisher : Unknown
Page : 128 pages
File Size : 51,6 Mb
Release : 2014
Category : International Law / Comparative Law / Public International Law
ISBN : 3845258918
The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide ("Genocide Convention") has a special standing in international law, as well as in 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 at the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has 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 international criminal law, 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 since the 1990s.In this work the provisions of the Convention are analysed article-by-article, including abundant practice and jurisprudence. Distinct sections on cross-cutting issues of general importance complement the analysis.
Author : Paola Gaeta
Publisher : Unknown
Page : 616 pages
File Size : 54,7 Mb
Release : 2009
Category : Law
ISBN : 9780199570218
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. "
Author : Jennifer Balint
Publisher : Routledge
Page : 249 pages
File Size : 53,5 Mb
Release : 2011-10-28
Category : Law
ISBN : 9781136654152
"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.
Author : John Quigley
Publisher : Routledge
Page : 362 pages
File Size : 50,8 Mb
Release : 2016-03-09
Category : Political Science
ISBN : 9781317030720
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.