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Author: Onur Uraz
Publisher: Taylor & Francis
ISBN: 1000628566
Category : Law
Languages : en
Pages : 272
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Book Description
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: William Schabas
Publisher: Cambridge University Press
ISBN: 0521883970
Category : Law
Languages : en
Pages : 760
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Book Description
Previous edition, 1st, published in 2000.
Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
ISBN: 0191632236
Category : Law
Languages : en
Pages : 735
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Book Description
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Author: Ludovic Hennebel
Publisher:
ISBN: 0199738920
Category : History
Languages : en
Pages : 380
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Book Description
In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech. The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial. Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.
Author: William Schabas
Publisher: Cambridge University Press
ISBN: 9780521787901
Category : Law
Languages : en
Pages : 644
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Book Description
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: Onur Uraz
Publisher:
ISBN: 9781032132464
Category : Law
Languages : en
Pages : 0
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Book Description
"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: Alain Destexhe
Publisher: Pluto Press
ISBN: 9780745310411
Category : History
Languages : en
Pages : 108
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Book Description
'An angry and eloquent book.' Financial Times'Alain Destexhe, a former Secretary General of the relief agency Médecins sans Frontières and now a senator in the Belgium Parliament, who has writted Rwanda in Genocide in the Twentieth Century, a treatise to counter the catch-all of media coverage in which 'all catastrophes are treated alike and reduced to their lowest common denominator - compassion on the part of the onlooker.' Observer
Author: Martin Shaw
Publisher: John Wiley & Sons
ISBN: 0745697526
Category : Political Science
Languages : en
Pages : 272
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Book Description
This comprehensive introduction to the study of war and genocide presents a disturbing case that the potential for slaughter is deeply rooted in the political, economic, social and ideological relations of the modern world. Most accounts of war and genocide treat them as separate phenomena. This book thoroughly examines the links between these two most inhuman of human activities. It shows that the generally legitimate business of war and the monstrous crime of genocide are closely related. This is not just because genocide usually occurs in the midst of war, but because genocide is a form of war directed against civilian populations. The book shows how fine the line has been, in modern history, between ‘degenerate war’ involving the mass destruction of civilian populations, and ‘genocide’, the deliberate destruction of civilian groups as such. Written by one of the foremost sociological writers on war, War and Genocide has four main features: an original argument about the meaning and causes of mass killing in the modern world; a guide to the main intellectual resources – military, political and social theories – necessary to understand war and genocide; summaries of the main historical episodes of slaughter, from the trenches of the First World War to the Nazi Holocaust and the killing fields of Cambodia, Bosnia and Rwanda; practical guides to further reading, courses and websites. This book examines war and genocide together with their opposites, peace and justice. It looks at them from the standpoint of victims as well as perpetrators. It is an important book for anyone wanting to understand – and overcome – the continuing salience of destructive forces in modern society.
Author: Terje Einarsen
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8293081333
Category : Law
Languages : en
Pages : 382
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Book Description
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.
Author: A. Dirk Moses
Publisher: Cambridge University Press
ISBN: 1107103584
Category : History
Languages : en
Pages : 611
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Book Description
Historically delineates the problems of genocide as a concept in relation to rival categories of mass violence.
Author:
Publisher: OUP Oxford
ISBN: 0191553441
Category : Law
Languages : en
Pages : 1093
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Book Description
The move to end impunity for human rights atrocities has seen the creation of international and hybrid tribunals and increased prosecutions in domestic courts. The Oxford Companion to International Criminal Justice is the first major reference work to provide a complete overview of this emerging field. Its nearly 1100 pages are divided into three sections. In the first part, 21 essays by leading thinkers offer a comprehensive survey of issues and debates surrounding international humanitarian law, international criminal law, and their enforcement. The second part is arranged alphabetically, containing 320 entries on doctrines, procedures, institutions and personalities. The final part contains over 400 case summaries on different trials from international and domestic courts dealing with war crimes, crimes against humanity, genocide, torture, and terrorism. With analysis and commentary on every aspect of international criminal justice, this Companion is designed to be the first port of call for scholars and practitioners interested in current developments in international justice.
