Persecution And Genocide About The Delimitation Of Genocide And Persecution
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Persecution and Genocide. About the Delimitation of Genocide and Persecution by Sonja Kahl Pdf
Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: -, , language: English, abstract: Despite sharing historical roots, genocide and persecution are increasingly considered two separate crimes with divergent legal elements that represent two different social wrongdoings. Genocide is a crime aimed at the destruction of groups, characterized by intent to destroy the group, whereas persecution is an offense aimed at serious discrimination against individuals, characterized by the mass or systematic character of the killing. Therefore, this paper will tackle the question of moral difference between genocide and persecution and ask why genocide can still be considered the “crime of crimes” if, contrary to persecution, it does not even require a mass-scale attack or a high number of victims. The most convincing approach argues that genocide risks more ancillary harm due to the additional intent not only to harm current group members, but also to destroy the group itself. Genocide per se is not worse than persecution, but it is more likely to expand into massive devastation. This is the reason why even “small” genocides need to be prosecuted, punished and prevented by international law.
Genocides and Xenophobia in South Asia and Beyond by Rituparna Bhattacharyya Pdf
This volume foregrounds some of the unknown or lesser-known incidents of xenophobia and genocide from India, Bangladesh, Sri Lanka, South Africa, and Rwanda. It critically analyses the cultural and structural contexts triggering these various forms of genocides and xenophobia, and situates them within modern histories of violence and human tribulations. The book discusses various non-Western case studies, which include the communal violence incited by anti-CAA protests in Delhi; the expulsion and displacement of Kashmiri Pandits; xenophobic attitudes against illegal immigrants in Assam; genocide in Sylhet during the Liberation War of Bangladesh; the 1994 genocide in Rwanda; and incidences of human rights violations across the world. A comprehensive and transdisciplinary text, the book will be useful for students and researchers of human geography, sociology, political science, social work, anthropology, colonialism and postcolonialism, nationalism, imperialism, human rights, and history.
Supranational Criminal Prosecution of Sexual Violence by Anne-Marie L. M. de Brouwer,Anne-Marie de Brouwer Pdf
The 1996 report of the United Nations Special Rapporteur on Rwanda stated that during the 1994 genocide in Rwanda rape was the rule and its absence the exception. Indeed, rape and other forms of sexual violence as constituting genocide, crimes against humanity or war crimes, directed in particular against women, have taken place on a massive scale since time immemorial and are still rampant.
Holocaust education in a global context by Fracapane, Karel,Haß, Matthias,Topography of Terror Foundation (Germany) Pdf
"International interest in Holocaust education has reached new heights in recent years. This historic event has long been central to cultures of remembrance in those countries where the genocide of the Jewish people occurred. But other parts of the world have now begun to recognize the history of the Holocaust as an effective means to teach about mass violence and to promote human rights and civic duty, testifying to the emergence of this pivotal historical event as a universal frame of reference. In this new, globalized context, how is the Holocaust represented and taught? How do teachers handle this excessively complex and emotionally loaded subject in fast-changing multicultural European societies still haunted by the crimes perpetrated by the Nazis and their collaborators? Why and how is it taught in other areas of the world that have only little if any connection with the history of the Jewish people? Holocaust Education in a Global Context will explore these questions."--page 10.
The Great Lakes region of Africa has seen dramatic changes. After a decade of war, repression, and genocide, loosely allied regimes have replaced old-style dictatorships. The Path of a Genocide examines the decade (1986-97) that brackets the 1994 genocide in Rwanda. This collection of essays is both a narrative of that event and a deep reexamination of the international role in addressing humanitarian issues and complex emergencies.Nineteen donor countries and seventeen multilateral organizations, international agencies, and international nongovernmental organizations pooled their efforts for an in-depth evaluation of the international response to the conflict in Rwanda. Original studies were commissioned from scholars from Uganda, Rwanda, Zaire, Ethiopia, Norway, Great Britain, France, Canada, and the United States. While each chapter in this volume focuses on one dimension of the Rwanda conflict, together they tell the story of this unfolding genocide and the world's response.The Path of a Genocide offers readers a perspective in sharp contrast to the tendency to treat a peace agreement as the end to conflict. This is a detailed effort to make sense of the political crisis and genocide in Rwanda and the effects it had on its neighbors.
The International status of education about the Holocaust by Carrier, Peter,Fuchs, Eckhardt,Messinger, Torben,Georg Eckert Institute for International Textbook Research (Germany) Pdf
How do schools worldwide treat the Holocaust as a subject? In which countries does the Holocaust form part of classroom teaching? Are representations of the Holocaust always accurate, balanced and unprejudiced in curricula and textbooks? This study, carried out by UNESCO and the Georg Eckert Institute for International Textbook Research, compares for the first time representations of the Holocaust in school textbooks and national curricula. Drawing on data which includes countries in which there exists no or little information about representations of the Holocaust, the study shows where the Holocaust is established in official guidelines, and contains a close textbook study, focusing on the comprehensiveness and accuracy of representations and historical narratives. The book highlights evolving practices worldwide and thus provides education stakeholders with comprehensive documentation about current trends in curricula directives and textbook representations of the Holocaust. It further formulates recommendations that will help policy-makers provide the educational means by which pupils may develop Holocaust literacy.
Encyclopedia of Genocide and Crimes Against Humanity: I-S by Dinah Shelton Pdf
Presents an alphabetically-arranged encyclopedia with over three hundred fifty entries depicting genocide and war crimes from ancient history through the twenty-first century and includes information on the various individuals and groups that have been targeted, courts and tribunals, and various sorts of reparations.
The Genocide Studies Reader by Samuel Totten,Paul Robert Bartrop Pdf
The reader covers key aspects of the most complex issues of genocide studies vis-à-vis the definition of genocide, theories of genocide, the prevention and intervention of genocide, and the denial of genocide.
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.
Modes of Liability in International Criminal Law by Jérôme de Hemptinne,Robert Roth,Elies van Sliedregt,Marjolein Cupido,Manuel J. Ventura,Lachezar Yanev Pdf
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
The Global Community Yearbook of International Law and Jurisprudence 2009 Volume II by Giuliana Ziccardi Capaldo Pdf
a. The set generally: [Please note that the following description applies to both volumes in the 2009 Yearbook, not solely to Volume II]. The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international criminal tribunals specifically. The Global Community Yearbook appears annually in two-volume editions of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and also to choose experts from around the world who contribute essay-guides to illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first volume of each year's edition always features expert articles by renowned scholars who address broader themes in international law, themes that appear throughout the case law of the many courts covered by the series as a whole. b. This particular edition (2009): This year's edition of the Global Community Yearbook is restructured to update its format and to better respond to its objective. The change affects the section entitled Decisions of International Courts and Tribunals; all other sections will remain the same. This section, divided into twelve sub-Sections, presents annually the more significant international case law in the form of legal maxims, systematically collected. The elaboration of legal maxims, extracted from the courts' decisions, and their systematic classification makes this year's edition of the Yearbook unique. International courts and tribunals have developed remarkably in recent years, and it is becoming increasingly difficult to follow the case law emanating from those jurisdictions without the help of an intermediary. The Yearbook and its unique changes fill this gap by serving as an intermediary between the case law and international scholars, practitioners, and students. In previous issues of the Yearbook, these legal maxims were prepared by referring both to the law and often extensively to the specific facts of the case. In the new format, the legal maxims will now distil the most important elements of judicial decisions and rely less heavily on the facts. The text of the legal maxims has been reduced to the minimum necessary for systematic classification, printing the website links for the case law. An introductory note on each international tribunal or court continues to be provided as a synopsis of their activity over the year. This reduction of the text of legal maxims better responds to the goals of the Yearbook to serve as a mediator and to provide complete coverage of case law from international courts and tribunals. c. Individual volumes: The first volume of the 2009 edition of Global Community Yearbook presents three categories of material wholly beneficial to any international law-researcher: International tribunals' court opinions, excerpted with scholarly skill by General Editor Giuliana Ziccardi Capaldo; expert guidance on those cases in the form of commentary by globally recognized luminaries whom Ziccardi has chosen personally; and more broadly focused introductory essays by similarly prominent scholars whom Ziccardi has also selected for that purpose. In the introductory essays, those scholars take on the current, controversial topics of the case against criminalizing hate speech, the global importance of human rights for environmental protection, the evolution of international environmental law, and the politics of global powers. Those incisive and knowledgeable introductory articles help frame the debates currently raging in international law before this volume leads the reader on to expert commentary on the noteworthy cases from this past year's dockets of the following tribunals: *The International Court of Justice *The WTO Dispute Resolution System *The International Criminal Court *International Criminal Tribunal for the Former Yugoslavia *International Criminal Tribunal for Rwanda Ziccardi has arranged the sections of this volume according to that list of tribunals, and she has included a short, targeted index for each of those sections, making any research in this volume efficient and fruitful. Volume 2: This second volume of the 2009 edition of Global Community Yearbook gives researchers an illuminating tour through the varied and dynamic law of regional and organizational courts. In the court opinion excerpts and expert commentary that fill this volume, researchers will find detailed guidance on a rich diversity of legal topics, from whether the European Court of Human Rights is effective as the centerpiece of the European human rights protection system to the jurisdictional challenges by respondent States under applicable investment agreements. On these questions and a host of others, this volume provides to students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates. The courts covered by this particular volume are: *The Court of First Instance of the European Communities *The Court of Justice of the European Communities *The European Court of Human Rights *Inter-American Court of Human Rights *International Centre for the Settlement of Investment Disputes
Organized Crime and International Criminal Law by Kathrin Strobel Pdf
This book presents the first comprehensive study of international criminal jurisdiction over organized crime and demonstrates the potential of international law to bring leaders of cartels and trafficking rings to justice.
The Rohingya, Justice and International Law by Kriangsak Kittichaisaree Pdf
Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern. Focusing on the plight of the ethnic and religious group of persons called the ‘Rohingya’, normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising ‘universal jurisdiction’ in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court. The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.
