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Author: Paola Gaeta
Publisher:
ISBN: 0199570213
Category : Law
Languages : en
Pages : 616
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Book Description
The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future. "
Author: Paola Gaeta
Publisher:
ISBN: 0199570213
Category : Law
Languages : en
Pages : 616
Get Book Here
Book Description
The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future. "
Author: Samuel Totten
Publisher: University of Toronto Press
ISBN: 1487524080
Category : Education
Languages : en
Pages : 172
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Book Description
THE UNCG is a complicated piece of international law. This book, authored by two experts on the topic of genocide, enables readers to more accurately analyze these horrific events.
Author: Anton Weiss-Wendt
Publisher: University of Wisconsin Pres
ISBN: 0299312909
Category : History
Languages : en
Pages : 401
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Book Description
How both the Soviet Union and the United States manipulated and weakened the drafting of the United Nations Genocide Convention treaty in the midst of the Cold War.
Author: H. G. Van Der Wilt
Publisher: Martinus Nijhoff Publishers
ISBN: 9004153284
Category : Law
Languages : en
Pages : 306
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Book Description
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: Hirad Abtahi
Publisher: BRILL
ISBN: 9047431375
Category : Law
Languages : en
Pages : 2274
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Book Description
This work gathers together for the first time in a single publication the records of the multitude of meetings which, in the context of the newly established United Nations, led to the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948. This work will enable academics and practitioners easy access to the Genocide Convention’s travaux préparatoires – an endeavour that has until now proven extremely difficult. This work will be of paramount importance for the international adjudication of the crime of genocide insofar as recourse to the “general rule of interpretation” and the “supplementary means of interpretation” under the 1969 Vienna Convention on the Law of Treaties is concerned.
Author: Lawrence J. LeBlanc
Publisher:
ISBN:
Category : History
Languages : en
Pages : 346
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Book Description
In this definitive study, Lawrence J. LeBlanc examines the nearly forty-year struggle over ratification of the Genocide Convention by the United States. LeBlanc's analysis of the history of the convention and the issues and problems surrounding its ratification sheds important light on the process of treaty ratification in the United States and on the role of American public opinion and political culture in international human rights legislation. Drawing on case studies of genocide committed since World War II, the author also confronts the strengths and weaknesses of international adjudication as a whole. Adopted by the United Nations General Assembly in 1948 in response to the atrocities committed by the Nazis before and during World War II, the Genocide Convention was finally made law by the United States Senate in 1988 contingent upon a series of "conditions"--known as the "Lugar-Helms-Hatch Sovereignty Package"--which, LeBlanc suggests, markedly weakened the convention. Through careful analysis of the bitter debates over ratification, LeBlanc demonstrates that much of the opposition to the convention sprang from fears that it would be used domestically as a tool by groups such as blacks and Native Americans who might hold the U.S. accountable for genocide in matters of race relations.
Author: Norman M. Naimark
Publisher: Oxford University Press
ISBN: 019976526X
Category : History
Languages : en
Pages : 193
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Book Description
Genocide occurs in every time period and on every continent. Using the 1948 U.N. definition of genocide as its departure point, this book examines the main episodes in the history of genocide from the beginning of human history to the present. Norman M. Naimark lucidly shows that genocide both changes over time, depending on the character of major historical periods, and remains the same in many of its murderous dynamics. He examines cases of genocide as distinct episodes of mass violence, but also in historical connection with earlier episodes. Unlike much of the literature in genocide studies, Naimark argues that genocide can also involve the elimination of targeted social and political groups, providing an insightful analysis of communist and anti-communist genocide. He pays special attention to settler (sometimes colonial) genocide as a subject of major concern, illuminating how deeply the elimination of indigenous peoples, especially in Africa, South America, and North America, influenced recent historical developments. At the same time, the "classic" cases of genocide in the twentieth Century - the Armenian Genocide, the Holocaust, Rwanda, and Bosnia -- are discussed, together with recent episodes in Darfur and Congo.
Author: John Quigley
Publisher: Routledge
ISBN: 1317030737
Category : Political Science
Languages : en
Pages : 320
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Book Description
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: Dan Eshet
Publisher:
ISBN: 9780979844003
Category : Convention on the Prevention and Punishment of the Crime of Genocide
Languages : en
Pages : 0
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Book Description
This case study highlighting the story of Raphael Lemkin challenges everyone to think deeply about what it will take for individuals, groups, and nations to take up Lemkin's challenge. To make this material accessible for classrooms, this resource includes several components: an introduction by Genocide scholar Omer Bartov; a historical case study on Lemkin and his legacy; questions for student reflection; suggested resources; a series of lesson plans using the case study; and a selection of primary source documents. Born in 1900, Raphael Lemkin, devoted most of his life to a single goal: making the world understand and recognize a crime so horrific that there was not even a word for it. Lemkin took a step toward his goal in 1944 when he coined the word "genocide" which means the destruction of a nation or an ethnic group. He said he had created the word by combining the ancient Greek word "genos" (race, tribe) and the Latin "cide" (killing). In 1948, three years after the concentration camps of World War ii had been closed forever, the newly formed United Nations used this new word in a treaty that was intended to prevent any future genocides. Lemkin died a decade later. He had lived long enough to see his word widely accepted and also to see the United Nations treaty, called the Convention on the Prevention and Punishment of the Crime of Genocide adopted by many nations. But, sadly, recent history reminds everyone that laws and treaties are not enough to prevent genocide. Individual sections contain footnotes.
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.
