The Crime Of Destruction And The Law Of Genocide

Author : Caroline Fournet
Publisher : Routledge
Page : 232 pages
File Size : 55,7 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.

Author : Elisa Novic
Publisher : Oxford University Press
Page : 289 pages
File Size : 41,6 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.

Author : William Schabas
Publisher : Cambridge University Press
Page : 644 pages
File Size : 44,5 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.

Author : Nasour Koursami
Publisher : Springer
Page : 236 pages
File Size : 55,5 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.

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

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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.

Author : Paul Behrens,Ralph Henham
Publisher : Routledge
Page : 260 pages
File Size : 51,9 Mb
Release : 2013-05-07
Category : Law
ISBN : 9781136168567

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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.

Author : Paul Behrens
Publisher : Routledge
Page : 328 pages
File Size : 53,9 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.

Author : Sangkul Kim
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 50,5 Mb
Release : 2016-06-27
Category : Law
ISBN : 9788283480382

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Rethinking the ‘Crime of Mens Rea’ by Sangkul Kim Pdf

Author : John Quigley
Publisher : Routledge
Page : 362 pages
File Size : 41,5 Mb
Release : 2016-03-09
Category : Political Science
ISBN : 9781317030720

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The Genocide Convention by John 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.

Author : Payam Akhavan
Publisher : Cambridge University Press
Page : 211 pages
File Size : 45,5 Mb
Release : 2012-01-26
Category : Law
ISBN : 9780521824415

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Reducing Genocide to Law by Payam Akhavan Pdf

Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?

Author : Jennifer Balint
Publisher : Routledge
Page : 249 pages
File Size : 44,8 Mb
Release : 2011-10-28
Category : Law
ISBN : 9781136654152

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Genocide, State Crime and the Law by Jennifer Balint Pdf

"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 : Sonja Kahl
Publisher : GRIN Verlag
Page : 11 pages
File Size : 55,7 Mb
Release : 2019-10-15
Category : Law
ISBN : 9783346036483

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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.

Author : George William Mugwanya
Publisher : Cameron May, Limited
Page : 376 pages
File Size : 45,7 Mb
Release : 2007
Category : Law
ISBN : STANFORD:36105131733136

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The Crime of Genocide in International Law by George William Mugwanya Pdf

The Crime of Genocide in International Law offers a comprehensive evaluation of the contribution of the UN International Criminal Tribunal for Rwanda to the development of the crime of genocide. The author's analysis of ICTR jurisprudence and other relevant sources, reveal the pioneering role of the Court in establishing the contours of the crime.

Author : H. G. Van Der Wilt,Harmen van der Wilt,Jeroen Vervliet
Publisher : Martinus Nijhoff Publishers
Page : 306 pages
File Size : 48,6 Mb
Release : 2012-05-16
Category : Law
ISBN : 9789004153288

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The Genocide Convention by H. G. Van Der Wilt,Harmen van der Wilt,Jeroen Vervliet Pdf

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 : Guénaël Mettraux
Publisher : Oxford University Press
Page : 512 pages
File Size : 42,9 Mb
Release : 2019-06-18
Category : Law
ISBN : 9780192581075

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International Crimes: Volume I: Genocide by Guénaël Mettraux Pdf

Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. While the book is an invaluable tool for academics and researchers, it is particularly suited to legal practitioners, guiding the reader through the practical and evidential challenges associated with the prosecution of international crimes.