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Author : Payam Akhavan
Publisher : Cambridge University Press
Page : 211 pages
File Size : 44,6 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?
Author : Payam Akhavan
Publisher : Unknown
Page : 191 pages
File Size : 46,8 Mb
Release : 2014-05-14
Category : LAW
ISBN : 1139223895
Could the prevailing view that genocide is the ultimate crime be wrong? Is it possible that it is actually on an equal footing with war crimes and crimes against humanity? Is the power of the word genocide derived from something other than jurisprudence? And why should a hierarchical abstraction assume such importance in conferring meaning on suffering and injustice? Could reducing a reality that is beyond reason and words into a fixed category undermine the very progress and justice that such labelling purports to achieve? For some, these questions may border on the international law equivalent of blasphemy. This original and daring book, written by a renowned scholar and practitioner who was the first Legal Advisor to the UN Prosecutor at The Hague, is a probing reflection on empathy and our faith in global justice.
Author : William A. Schabas
Publisher : Unknown
Page : 624 pages
File Size : 55,8 Mb
Release : 2000
Category : Genocide
ISBN : OCLC:756513824
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 : Payam Akhavan
Publisher : House of Anansi Press
Page : 304 pages
File Size : 55,9 Mb
Release : 2017-09-09
Category : Electronic
ISBN : 1487002009
A work of memoir, history, and a call to action, In Search of a Better World, the 2017 CBC Massey Lecture, is a powerful and essential work on the major human rights struggles of our times. Renowned UN prosecutor and human rights scholar Payam Akhavan has encountered the grim realities of contemporary genocide throughout his life and career. He argues that deceptive utopias, political cynicism, and public apathy have given rise to major human rights abuses: from the religious persecution of Iranian Bah�'�s that shaped his personal life, to the horrors of ethnic cleansing in Yugoslavia, the genocide in Rwanda, and the rise of contemporary phenomena such as the Islamic State. But he also reflects on the inspiring resilience of the human spirit and the reality of our inextricable interdependence to liberate us, whether from hateful ideologies that deny the humanity of others or an empty consumerist culture that worships greed and self-indulgence. A timely, essential, and passionate work of memoir and history, In Search of a Better World is a tour de force by an internationally renowned human rights lawyer.
Author : Nasour Koursami
Publisher : Springer
Page : 236 pages
File Size : 48,5 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 : ONUR. URAZ
Publisher : Routledge
Page : 320 pages
File Size : 45,9 Mb
Release : 2022-08-05
Category : Electronic
ISBN : 1032132426
This book examines genocide law by focusing on one of the lesser examined, yet practically significant, issues: the 'substantiality requirement'. 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.
Author : Marco Odello,Piotr Łubiński
Publisher : Routledge
Page : 288 pages
File Size : 47,8 Mb
Release : 2020
Category : History
ISBN : 1003015220
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 : Alastair Davidson
Publisher : Springer
Page : 216 pages
File Size : 51,7 Mb
Release : 2016-10-22
Category : Social Science
ISBN : 3319359819
This book presents a novel proposal for establishing justice and social harmony in the aftermath of genocide. It argues that justice should be determined by the victims of genocide rather than a detached legal system, since such a form of justice is more consistent with a socially grounded ethics, with a democracy that privileges citizen decision-making, and with human rights. The book covers the Holocaust; genocides in Argentina, South Africa, Rwanda, Latin America, and Australia, as well as crimes against humanity in Italy and France. From show trials to state- enforced forgiveness, the book examines various methods that have been used since 1945 to punish the individuals and groups responsible for genocide and how they have ultimately failed to deliver true justice to the victims. The only way to end this failure, the book points out, is to return justice to the victims. This simple proposition; however, challenges the Enlightenment tradition of Western law which was built on the refusal to allow victims to determine the measure of justice. That would amount, according to Bacon, Hegel, and Kant to a revenge system and bring social chaos. But, as this book points out, forgiveness is only something victims can give, no-one can demand it. In order to establish a lasting peace, it is necessary to re-examine the philosophical and theoretical refusal to return justice to the victims. The engaging argument put forth in this book can help deliver true justice and re-establish international social harmony in the aftermath of genocide. Genocide is ubiquitous in the modern, global world. It's understanding is highly relevant for the understanding of specific and perpetuating challenges in migration. Genocide forces the migration of millions to avoid crimes against humanity. When they flee war zones they bring their fears, hates, and misery with them. So migration research must engage fully with the experience of genocide, its human conseque nces and the ethical dilemmas it poses to all societies. Not to do so, will make it more difficult to understand and live with newcomers and to achieve some sort of harmony in host countries, as well as those which are centers of genocide.
Author : Ralph J. Henham,Paul Behrens
Publisher : Unknown
Page : 283 pages
File Size : 51,6 Mb
Release : 2007
Category : Genocide
ISBN : 1315615126
Author : Christian Tams,Lars Berster,Björn Schiffbauer
Publisher : Bloomsbury Publishing
Page : 632 pages
File Size : 54,6 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 : Janez Juhant,Bojan Zalec
Publisher : LIT Verlag Münster
Page : 172 pages
File Size : 42,5 Mb
Release : 2015
Category : Genocide
ISBN : 9783643905277
The present book brings essays that deal with suicide and genocide from several aspects and points of view: historical, sociological, science of religion, psychological and therapeutic, educational, legal, philosophical and theological. Some of them combine several approaches and thus the book as a whole offers an integral inter-disciplinary insight into the nature, origins, function and connections of both phenomena. It also outlines the ways and models for their prevention and overcoming of their effects and consequences. It can be useful as for students as well for the experts in the fields of humanities and social science. The book is marked by the Central European origin of the authors which partly resulted in its special topics and stresses. Janez Juhant is Professor of Philosophy at the Faculty of Theology, University of Ljubljana, and a member of the European Academy of Sciences and Arts, Salzburg, working in the fields of ethics, anthropology and theology. Bojan Zalec is Associate Professor of Philosophy, Senior Research Fellow and Head of the Institute of Philosophy and Social Ethics at the Faculty of Theology, University of Ljubljana, working in the fields of ethics and anthropology.
Author : Onur Uraz
Publisher : Taylor & Francis
Page : 272 pages
File Size : 44,9 Mb
Release : 2022-08-05
Category : Law
ISBN : 9781000628562
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.
Author : Marco Odello,Piotr Łubiński
Publisher : Unknown
Page : 0 pages
File Size : 46,7 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1410154308
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.
Author : Amy E. Randall
Publisher : Bloomsbury Publishing
Page : 481 pages
File Size : 47,7 Mb
Release : 2021-12-16
Category : History
ISBN : 9781350111035
Focusing on events in Rwanda, Armenia, and the former Yugoslavia as well as the Holocaust, Genocide and Gender in the Twentieth Century investigates how historically- and culturally-specific ideas led to genocidal sexual violence. Expert contributors also consider how these ideas, in conjunction with issues relating to femininity, masculinity and understandings of gendered identities, contributed to perpetrators' tools and strategies for ethnic cleansing and genocide. The 2nd edition features: * Five brand new chapters which explore: imperialism, race, gender and genocide; the Cambodian genocide; memory and intergenerational transmission of Holocaust trauma; and genocide, gender and memory in the Armenian case. * An extended and enhanced introduction which makes use of recent scholarship on gender and violence. * Historiographical and bibliographical updates throughout. * Key primary document - excerpt from the 1948 UN Convention on the Prevention and Punishment of Genocide. Updated and revised in its second edition, Genocide and Gender in the Twentieth Century is the authoritative study on the complex gender dimensions of ethnic cleansing and genocide in the 20th century.