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Span style="font-style:italic;"On the Nature of Genocidal Intent: Analytic Analyses , offers a conceptual look into the nature of genocidal intent. The conceptual and logical structures for genocidal intent are systematically analyzed and its theoretical foundations are discussed. The analysis offers particular insight into the process of operationalizing genocide and mass extermination. The investigation includes discussion on the roles orchestrators play and the systematic development of a genocidal strategy, which requires the intent to purge pre-selected demographic identifiers from the population. Also included within the text is a detailed analysis of the dynamic process of generational conflict, wherein former perpetrators become victims and victims become perpetrators.
On the Nature of Genocidal Intent by Jason J. Campbell Pdf
Campbell offers a conceptual look into the nature of genocidal intent, systematically analyzing the conceptual and logical structures for genocidal intent, and discussing its theoretical foundations. The analysis offers particular insight into the process of operationalizing genocide and mass extermination. The investigation includes discussion of the roles orchestrators play and the systematic development of a genocidal strategy, which requires the intent to purge pre-selected demographic identifiers from the population. Cambell also analyzes in detail the dynamic process of generational conflict, wherein former perpetrators become victims and victims become perpetrators.
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.
Axis Rule in Occupied Europe by Raphael Lemkin Pdf
"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.
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.
It is twenty-five years since the 1994 genocide of the Tutsi of Rwanda when in the course of three terrible months more than 1 million people were murdered. In the intervening years a pernicious campaign has been waged by the perpetrators to deny this crime, with attempts to falsify history and blame the victims for their fate. Facts are reversed, fake news promulgated, and phoney science given credence. Intent to Deceive tells the story of this campaign of genocide denial from its origins with those who planned the massacres. With unprecedented access to government archives including in Rwanda Linda Melvern explains how, from the moment the killers seized the power of the state, they determined to distort reality of events. Disinformation was an integral part of their genocidal conspiracy. The gnocidaires and their supporters continue to peddle falsehoods. These masters of deceit have found new and receptive audiences, have fooled gullible journalists and unwary academics. With their seemingly sound research methods, the Rwandan gnocidaires continue to pose a threat, especially to those who might not be aware of the true nature of their crime. The book is a testament to the survivors who still live the horrors of the past. Denial causes them the gravest offence and ensures that the crime continues. This is a call for justice that remains perpetually delayed.
In this intellectually and politically potent new book, Martin Shaw proposes a way through the confusion surrounding the idea of genocide. He considers the origins and development of the concept and its relationships to other forms of political violence. Offering a radical critique of the existing literature on genocide, Shaw argues that what distinguishes genocide from more legitimate warfare is that the enemies targeted are groups and individuals of a civilian character. He vividly illustrates his argument from a wide range of historical episodes, and shows how the question 'What is genocide?' matters politically whenever populations are threatened by violence. This compelling book will undoubtedly open up vigorous debate, appealing to students and scholars across the social sciences and in law. Shaw's arguments will be of lasting importance.
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. "
Man's Inhumanity to Man by Lal Chand Vohrah,Fausto Pocar,Yvonne Featherstone,Olivier Fourmy,Michael F. Graham,John Hocking,Nicholas Robson Pdf
This volume contains a unique collection of essays on various aspects of current interest within the field of public international law, international criminal law, human rights and humanitarian law. The wide range and topicality of the issues covered bears witness to the vast professional experience of Antonio Cassese, the first President of the ICTY, in whose honour this collection has been compiled, and to the many fields of scholarship in which he has left a permanent mark. Written by a selection of renowned academics and practitioners, Man’s Inhumanity to Man offers the reader thought-provoking discussion on the International Criminal Court, the ICTY and International Criminal Tribunal for Rwanda and other aspects of international criminal justice; on truth commissions and amnesties in the aftermath of armed conflicts; on military humanitarian intervention and the development of human rights protection.
Berel Lang's Genocide: The Act as Idea analyzes and defends the distinctiveness of the concept of genocide as a notable advance in the history of moral and political thinking and practice.
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.
Suffer the Little Children by Tamara Starblanket Pdf
Originally approved as a master of laws thesis by a respected Canadian university, this book tackles one of the most compelling issues of our time—the crime of genocide—and whether in fact it can be said to have occurred in relation to the many Original Nations on Great Turtle Island now claimed by a state called Canada. It has been hailed as groundbreaking by many Indigenous and other scholars engaged with this issue, impacting not just Canada but states worldwide where entrapped Indigenous nations face absorption by a dominating colonial state. Starblanket unpacks Canada’s role in the removal of cultural genocide from the Genocide Convention, though the disappearance of an Original Nation by forced assimilation was regarded by many states as equally genocidal as destruction by slaughter. Did Canada seek to tailor the definition of genocide to escape its own crimes which were then even ongoing? The crime of genocide, to be held as such under current international law, must address the complicated issue of mens rea (not just the commission of a crime, but the specific intent to do so). This book permits readers to make a judgment on whether or not this was the case. Starblanket examines how genocide was operationalized in Canada, focused primarily on breaking the intergenerational transmission of culture from parents to children. Seeking to absorb the new generations into a different cultural identity—English-speaking, Christian, Anglo-Saxon, termed Canadian—Canada seized children from their parents, and oversaw and enforced the stripping of their cultural beliefs, languages and traditions, replacing them by those still in process of being established by the emerging Canadian state.
Genocide, War Crimes, and Crimes Against Humanity by Jennifer Trahan,Adela Mall Pdf
This unique book organizes the decisions of the International Criminal Tribunal for the former Yugoslavia by topic, including genocide, crimes against humanity, war crimes, individual criminal responsibility, command responsibility, affirmative defenses, jurisdiction, sentencing, fair trial rights, guilty pleas and appellate review. In selected cases, the book also applies key aspects of the law to the facts of the case.
As non-state actors proliferate both in number and variety, the time is ripe for an explication of what obligations armed groups are under. Ground-breaking in examining humanitarian, human rights, and criminal law, Rodenhauser analyses groups ranging from gangs to cyber criminals to ask when organisations become culpable under international law.
