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A Collective Theory Of Genocidal Intent
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Book Synopsis A Collective Theory of Genocidal Intent by : Sangkul Kim
Download or read book A Collective Theory of Genocidal Intent written by Sangkul Kim and published by T.M.C. Asser Press. This book was released on 2016-06-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis A Collective Theory of Genocidal Intent by : Sangkul Kim
Download or read book A Collective Theory of Genocidal Intent written by Sangkul Kim and published by Springer. This book was released on 2016-05-24 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Organizing Rebellion by : Tilman Rodenhäuser
Download or read book Organizing Rebellion written by Tilman Rodenhäuser and published by Oxford University Press. This book was released on 2018 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The UN Genocide Convention by : Paola Gaeta
Download or read book The UN Genocide Convention written by Paola Gaeta and published by . This book was released on 2009 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. "
Book Synopsis The Crime of Destruction and the Law of Genocide by : Caroline Fournet
Download or read book The Crime of Destruction and the Law of Genocide written by Caroline Fournet and published by Routledge. This book was released on 2016-03-16 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Rethinking the ‘Crime of Mens Rea’ by : Sangkul Kim
Download or read book Rethinking the ‘Crime of Mens Rea’ written by Sangkul Kim and published by Torkel Opsahl Academic EPublisher. This book was released on 2016-06-27 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The International Court of Justice by : William A. Schabas
Download or read book The International Court of Justice written by William A. Schabas and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Court of Justice (the 'World Court') is one of the six principal organs of the United Nations. This important collection covers how the court deals with legal disputes between States and provides advisory opinions on the important issues of international law. Readers of this book will obtain a comprehensive overview of the Court, its activities, procedure and contribution to the progressive development of international law. Containing inspirational work by the most prominent experts in the field, as well as an original introduction by the editor, this timely collection will be a crucial resource for scholars and students alike.
Book Synopsis Classifying Genocide in International Law by : Onur Uraz
Download or read book Classifying Genocide in International Law written by Onur Uraz and published by Taylor & Francis. This book was released on 2022-08-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Theories of Co-perpetration in International Criminal Law by : Lachezar D. Yanev
Download or read book Theories of Co-perpetration in International Criminal Law written by Lachezar D. Yanev and published by BRILL. This book was released on 2018-05-07 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proper construction of co-perpetration responsibility in international criminal law has become one of the most enduring controversies in this field, with the UN Tribunals endorsing the theory of joint criminal enterprise, and the International Criminal Court adopting the alternative joint control over the crime theory to define this mode of liability. This book seeks to reconcile the ICTY/R’s and ICC’s jurisprudence by providing a definition of co-perpetration that could be uniformly applied in the two justice models that these institutions represent: the ad hoc- and the treaty-based model. An evaluation framework is adopted, pursuant to which the origins, merits and deficiencies of the said competing theories are critically assessed, and a refined legal framework of co-perpetration responsibility is proposed.
Download or read book Genocide written by Berel Lang and published by University of Pennsylvania Press. This book was released on 2017 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Berel Lang's Genocide: The Act as Idea analyzes and defends the distinctiveness of the concept of genocide as a notable advance in the history of moral and political thinking and practice.
Book Synopsis A Critical Introduction to International Criminal Law by : Carsten Stahn
Download or read book A Critical Introduction to International Criminal Law written by Carsten Stahn and published by Cambridge University Press. This book was released on 2019 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
Book Synopsis Invisible Atrocities by : Randle C. DeFalco
Download or read book Invisible Atrocities written by Randle C. DeFalco and published by Cambridge University Press. This book was released on 2022-03-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.
Book Synopsis The Path to Genocide in Rwanda by : Omar Shahabudin McDoom
Download or read book The Path to Genocide in Rwanda written by Omar Shahabudin McDoom and published by Cambridge University Press. This book was released on 2021-03-11 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uses unique field data to offer a rigorous explanation of how Rwanda's genocide occurred and why Rwandans participated in it.
Book Synopsis Genocide, War Crimes, and Crimes Against Humanity by : Jennifer Trahan
Download or read book Genocide, War Crimes, and Crimes Against Humanity written by Jennifer Trahan and published by . This book was released on 2004 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book organizes the decisions of the International Criminal Tribunal for the former Yugoslavia by topic, including genocide, crimes against humanity, war crimes, individual criminal responsibility, command responsibility, affirmative defenses, jurisdiction, sentencing, fair trial rights, guilty pleas and appellate review. In selected cases, the book also applies key aspects of the law to the facts of the case.
Book Synopsis Cultural Genocide and the Protection of Cultural Heritage by : Edward C. Luck
Download or read book Cultural Genocide and the Protection of Cultural Heritage written by Edward C. Luck and published by Getty Publications. This book was released on 2020-09-08 with total page 51 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Genocide and the Protection of Cultural Heritage examines the various lenses through which the international community defines attacks on cultural heritage—legal, accountability, security, counterterrorism, and atrocity prevention—and proposes a sixth, cultural genocide, that can be used to recast the debate over how to best protect the world’s cultural heritage.
Book Synopsis Modes of Liability in International Criminal Law by : Marjolein Cupido
Download or read book Modes of Liability in International Criminal Law written by Marjolein Cupido and published by Cambridge University Press. This book was released on 2019-07-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Book Synopsis Incitement on Trial by : Richard Ashby Wilson
Download or read book Incitement on Trial written by Richard Ashby Wilson and published by Cambridge University Press. This book was released on 2017-08-18 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.
