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Author: Nasour Koursami
Publisher: Springer
ISBN: 9462652252
Category : Law
Languages : en
Pages : 243
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Book Description
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: Nasour Koursami
Publisher: Springer
ISBN: 9462652252
Category : Law
Languages : en
Pages : 243
Get Book Here
Book Description
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: Paul Behrens
Publisher: Routledge
ISBN: 1136168559
Category : Law
Languages : en
Pages : 310
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Book Description
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: Tilman Rodenhäuser
Publisher: Oxford University Press
ISBN: 0198821948
Category : History
Languages : en
Pages : 401
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Book Description
The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.
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: Robert Cryer
Publisher: Cambridge University Press
ISBN: 1139465120
Category : Law
Languages : en
Pages : 456
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Book Description
International criminal law has developed considerably in the last decade and a half, resulting in a complex and re-invigorated discipline. This has impacted directly on the popularity of the study of the subject, particularly on postgraduate law degrees. This textbook serves these courses by providing an introduction to the principles of international criminal law and processes. Written by four international lawyers with experience of teaching international criminal law, it is accessible yet sophisticated in its approach. It covers substantive international criminal law, the institutions designed to enforce it and their procedures, and the international law applicable to domestic prosecutions of international crimes. It will be essential reading for students and teachers of international criminal law. In addition, practitioners and researchers in the field (and in related fields such as criminal law), students of international law and international relations will find this introduction invaluable.
Author: Philippe Sands
Publisher: Vintage
ISBN: 0385350724
Category : History
Languages : en
Pages : 466
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Book Description
A profound, important book, a moving personal detective story and an uncovering of secret pasts, set in Europe’s center, the city of bright colors—Lviv, Ukraine, dividing east from west, north from south, in what had been the Austro-Hungarian Empire. A book that explores the development of the world-changing legal concepts of “genocide” and “crimes against humanity” that came about as a result of the unprecedented atrocities of Hitler’s Third Reich. It is also a spellbinding family memoir, as the author traces the mysterious story of his grandfather as he maneuvered through Europe in the face of Nazi atrocities. This is “a monumental achievement ... told with love, anger and precision” (John le Carré, acclaimed internationally bestselling author). East West Street looks at the personal and intellectual evolution of the two men who simultaneously originated the ideas of “genocide” and “crimes against humanity,” both of whom, not knowing the other, studied at the same university with the same professors, in “the Paris of Ukraine,” a major cultural center of Europe, a city variously called Lemberg, Lwów, Lvov, or Lviv. Phillipe Sands changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder
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: Nicole Rafter
Publisher: NYU Press
ISBN: 1479805963
Category : Social Science
Languages : en
Pages : 313
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Book Description
Cambodia. Rwanda. Armenia. Nazi Germany. History remembers these places as the sites of unspeakable crimes against humanity, and indisputably, of genocide. Yet, throughout the twentieth century, the world has seen many instances of violence committed by states against certain groups within their borders—from the colonial ethnic cleansing the Germans committed against the Herero tribe in Africa, to the Katyn Forest Massacre, in which the Soviets shot over 20,000 Poles, to anti-communist mass murders in 1960s Indonesia. Are mass crimes against humanity like these still genocide? And how can an understanding of crime and criminals shed new light on how genocide—the “crime of all crimes”—transpires? In The Crime of All Crimes, criminologist Nicole Rafter takes an innovative approach to the study of genocide by comparing eight diverse genocides--large-scale and small; well-known and obscure—through the lens of criminal behavior. Rafter explores different models of genocidal activity, reflecting on the popular use of the Holocaust as a model for genocide and ways in which other genocides conform to different patterns. For instance, Rafter questions the assumption that only ethnic groups are targeted for genocidal “cleansing," and she also urges that actions such as genocidal rape be considered alongside traditional instances of genocidal violence. Further, by examining the causes of genocide on different levels, Rafter is able to construct profiles of typical victims and perpetrators and discuss means of preventing genocide, in addition to delving into the social psychology of genocidal behavior and the ways in which genocides are brought to an end. A sweeping and innovative investigation into the most tragic of events in the modern world, The Crime of All Crimes will fundamentally change how we think about genocide in the present day.
Author: Sangkul Kim
Publisher: Springer
ISBN: 946265123X
Category : Law
Languages : en
Pages : 242
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Book Description
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.
Author: Elisa Novic
Publisher: Oxford University Press
ISBN: 0198787162
Category : History
Languages : en
Pages : 289
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Book Description
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.
