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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: 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: Samuel Totten
Publisher: University of Toronto Press
ISBN: 1487533225
Category : Political Science
Languages : en
Pages : 172
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Book Description
It is virtually impossible to understand the phenomenon of genocide without a clear understanding of the complexities of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (UNCG). This brief but cogent book provides an introduction to the unique wording, legal terminology, and key components of the convention, which was adopted by the United Nations General Assembly in 1948. Providing clarity on the distinctions between genocide, crimes against humanity, war crimes, and ethnic cleansing, this book is designed to be an entry into further study of genocide in its legal, historical, political, and philosophical dimensions. Key terms, such as intent and motive, are explained, case studies are included, and a detailed bibliography at the conclusion of the book offers suggested avenues for more advanced study of the UNCG.
Author: Ruth Amir
Publisher: Rowman & Littlefield
ISBN: 1498557341
Category : Political Science
Languages : en
Pages : 309
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Book Description
The current surge of displaced and trafficked children, child soldiers, and child refugees rekindles the virtually dead letter of the Genocide Convention prohibition on transferring children of one group to another. This book focuses on the gap between genocide as a legal term and genocidal forcible child transfer as a catastrophic experience that disrupts a group’s continuity. It probes the Genocide Convention’s boundaries and draws attention to the diverse, yet highly similar, patterns of forcible child transfers cases such as colonial genocide in the US, Canada, and Australia, Jewish-Yemeni immigrants in Israel, children of Republican parents during the Spanish Civil War and its aftermath, and Operation Peter Pan in Cuba. The analysis highlights the consequences of the under-inclusive protection granted only to four groups. Ruth Amir argues effectively for the need to add an Amending Protocol to the Genocide Convention to protect from forcible transfer to children of any identifiable group of persons perpetrated with the intent to destroy the group as such. This proposed provision together with Communications and Rapid Inquiry Procedures will highlight the gravity of forcible child transfers and contribute to the prevention and punishment of genocide.
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: Frank Jacob, Kim Sebastian Todzi
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110781387
Category :
Languages : en
Pages : 213
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Book Description
Author:
Publisher: Oxford University Press
ISBN: 0197610587
Category : Law
Languages : en
Pages : 497
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Book Description
Conflict over cultural heritage has increasingly become a standard part of war. Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by state and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. With this increasing awareness of the role cultural heritage plays in war, scholars and practitioners have progressed from seeing conflict-related destruction of cultural heritage as a cultural tragedy to understanding it as a vital national security issue. There is also a shift from the desire to protect cultural property for its own sake to viewing its protection as connected to broader agendas of peace and security. Concerns about cultural heritage have thus migrated beyond the cultural sphere to worries about the protection of civilians, the financing of terrorism, societal resilience, post-conflict reconciliation, hybrid warfare, and the geopolitics of territorial conflicts. This volume seeks to deepen public understanding of the evolving nexus between cultural heritage and security in the twenty-first century. Drawing on a variety of disciplines and perspectives, the chapters in this volume examine a complex set of relationships between the deliberate destruction and misuse of cultural heritage in times of conflict, on the one hand, and basic societal values, legal principles, and national security, on the other.
Author: Anne O'Byrne
Publisher: Fordham Univ Press
ISBN: 1531503276
Category : Philosophy
Languages : en
Pages : 152
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Book Description
We regard genocidal violence as worse than other sorts of violence—perhaps the worst there is. But what does this say about what we value about the genos on which nations are said to be founded? This is an urgent question for democracies. We value the mode of being in time that anchors us in the past and in the future, that is, among those who have been and those who might yet be. If the genos is a group constituted by this generational time, the demos was invented as the anti-genos, with no criterion of inheritance and instead only occurring according to the interruption of revolutionary time. Insofar as the demos persists, we experience it as a sort of genos, for example, the democratic nation state. As a result, democracies are caught is a bind, disavowing genos-thinking while cherishing the temporal forms of genos-life; they abhor genocidal violence but perpetuate and disguise it. This is the genocide paradox. O’Byrne traces the problem through our commitment to existential categories from Aristotle to the life taxonomies of Linneaus and Darwin, through anthropologies of kinship that tether us to the social world, the shortfalls of ethical theory, into the history of democratic theory and the defensive tactics used by real existing democracies when it came to defining genocide for the U.N. Genocide Convention. She argues that, although models of democracy all make room for contestation, they fail to grasp its generational structure or acknowledge the generational content of our lives. They cultivate ignorance of the contingency and precarity of the relations that create and sustain us. The danger of doing so is immense. It leaves us unprepared for confronting democracy’s deficits and its struggle to entertain multiple temporalities. In addition, it leaves us unprepared for understanding the relation between demos and violence, and the ability of good enough citizens to tolerate the slow-burning destruction of marginalized peoples. What will it take to envision an anti-genocidal democracy?
Author: Guénaël Mettraux
Publisher: Oxford University Press
ISBN: 0192581066
Category : Law
Languages : en
Pages : 545
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Book Description
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.
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: 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.
