The Concept Of Genocide In International Criminal Law

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The Criminal Law of Genocide

Paul Behrens
The Criminal Law of Genocide Book PDF

Author : Paul Behrens
Publisher : Routledge
Page : 328 pages
File Size : 54,8 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317036968

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The Criminal Law of Genocide by Paul Behrens Pdf

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.

The 'Contextual Elements' of the Crime of Genocide

Nasour Koursami
The Contextual Elements of the Crime of Genocide Book PDF

Author : Nasour Koursami
Publisher : Springer
Page : 236 pages
File Size : 51,5 Mb
Release : 2018-02-10
Category : Law
ISBN : 9789462652255

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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.

The Concept of Genocide in International Criminal Law

Marco Odello,Piotr Łubiński
The Concept of Genocide in International Criminal Law Book PDF

Author : Marco Odello,Piotr Łubiński
Publisher : Routledge
Page : 251 pages
File Size : 55,8 Mb
Release : 2020-07-14
Category : History
ISBN : 9781000076721

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The Concept of Genocide in International Criminal Law by Marco Odello,Piotr Łubiński Pdf

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

Genocide in International Law

William Schabas
Genocide in International Law Book PDF

Author : William Schabas
Publisher : Cambridge University Press
Page : 644 pages
File Size : 49,5 Mb
Release : 2000-08-31
Category : Law
ISBN : 0521787904

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Genocide in International Law by William Schabas Pdf

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.

The Concept of Genocide in International Criminal Law

Marco Odello,Piotr Łubiński
The Concept of Genocide in International Criminal Law Book PDF

Author : Marco Odello,Piotr Łubiński
Publisher : Unknown
Page : 0 pages
File Size : 53,9 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1410154308

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The Concept of Genocide in International Criminal Law by Marco Odello,Piotr Łubiński Pdf

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.

The Concept of Cultural Genocide

Elisa Novic
The Concept of Cultural Genocide Book PDF

Author : Elisa Novic
Publisher : Oxford University Press
Page : 289 pages
File Size : 48,6 Mb
Release : 2016
Category : Law
ISBN : 9780198787167

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The Concept of Cultural Genocide by Elisa Novic Pdf

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.

Convention on the Prevention and Punishment of the Crime of Genocide,

Christian Tams,Lars Berster,Björn Schiffbauer
Convention on the Prevention and Punishment of the Crime of Genocide Book PDF

Author : Christian Tams,Lars Berster,Björn Schiffbauer
Publisher : Bloomsbury Publishing
Page : 632 pages
File Size : 43,7 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781849467582

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Convention on the Prevention and Punishment of the Crime of Genocide, by Christian Tams,Lars Berster,Björn Schiffbauer Pdf

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.

A Collective Theory of Genocidal Intent

Sangkul Kim
A Collective Theory of Genocidal Intent Book PDF

Author : Sangkul Kim
Publisher : Springer
Page : 235 pages
File Size : 46,7 Mb
Release : 2016-05-24
Category : Law
ISBN : 9789462651234

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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.

The Crime of Destruction and the Law of Genocide

Caroline Fournet
The Crime of Destruction and the Law of Genocide Book PDF

Author : Caroline Fournet
Publisher : Routledge
Page : 232 pages
File Size : 55,6 Mb
Release : 2016-03-16
Category : Law
ISBN : 9781317037026

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The Crime of Destruction and the Law of Genocide by Caroline Fournet Pdf

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.

Elements of Genocide

Paul Behrens,Ralph Henham
Elements of Genocide Book PDF

Author : Paul Behrens,Ralph Henham
Publisher : Routledge
Page : 310 pages
File Size : 52,8 Mb
Release : 2013-05-07
Category : Law
ISBN : 9781136168550

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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.

On the Proposed Crimes Against Humanity Convention

Morten Bergsmo,SONG Tianying
On the Proposed Crimes Against Humanity Convention Book PDF

Author : Morten Bergsmo,SONG Tianying
Publisher : Torkel Opsahl Academic EPublisher
Page : 503 pages
File Size : 50,9 Mb
Release : 2014-12-12
Category : Law
ISBN : 9788293081968

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On the Proposed Crimes Against Humanity Convention by Morten Bergsmo,SONG Tianying Pdf

This anthology is about the need for and nature of a convention on crimes against humanity. It uses the Proposed Convention on the Prevention and Punishment of Crimes Against Humanity as an important reference point. 16 authors discuss how such a convention may consolidate the definition of crimes against humanity, and develop measures for their prevention and punishment, decades after the conclusion of the Genocide Convention and Geneva Conventions. The authors include Leila N. Sadat, Eleni Chaitidou, Darryl Robinson, Mar a Luisa Piqu , Travis Weber, Julie Pasch, Rhea Brathwaite, Christen Price, Rita Maxwell, Mary Kate Whalen, Ian Kennedy, SHANG Weiwei, ZHANG Yueyao and Tessa Bolton. It contains a preface by late Judge Hans-Peter Kaul and a foreword by Hans Corell. The book is inspired by the rationale of crimes against humanity to protect against the most serious violations of fundamental individual rights, and its realization especially through domestic mechanisms. Such consciousness calls upon appropriate definition and use of contexual elements of the crime, effective jurisdiction for prevention and prosecution, and robust inter-State co-operation. The book considers individual State experiences in combating crimes against humanity. It underlines the importance of avoiding that the process to develop a new convention waters down the law of crimes against humanity or causes further polarisation between States in the area of international criminal law. It suggests that the scope of the obligation to prevent crimes against humanity will become a decisive question.

Genocide, Crimes Against Humanity, War Crimes

Machteld Boot
Genocide Crimes Against Humanity War Crimes Book PDF

Author : Machteld Boot
Publisher : Intersentia nv
Page : 754 pages
File Size : 54,6 Mb
Release : 2002
Category : Crimes against humanity
ISBN : 9789050952163

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Genocide, Crimes Against Humanity, War Crimes by Machteld Boot Pdf

3.1 The Tokyo Charter

Genocide in International Law

William Schabas
Genocide in International Law Book PDF

Author : William Schabas
Publisher : Cambridge University Press
Page : 760 pages
File Size : 46,9 Mb
Release : 2009-02-19
Category : Law
ISBN : 9780521883979

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Genocide in International Law by William Schabas Pdf

Previous edition, 1st, published in 2000.

The Concept of Cultural Genocide

Elisa Novic
The Concept of Cultural Genocide Book PDF

Author : Elisa Novic
Publisher : Oxford University Press
Page : 288 pages
File Size : 45,6 Mb
Release : 2016-10-20
Category : Law
ISBN : 9780191090929

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The Concept of Cultural Genocide by Elisa Novic Pdf

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.

The Genocide Convention

John B. Quigley
The Genocide Convention Book PDF

Author : John B. Quigley
Publisher : Ashgate Publishing, Ltd.
Page : 328 pages
File Size : 48,7 Mb
Release : 2006
Category : Law
ISBN : 0754647307

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The Genocide Convention by John B. Quigley Pdf

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.