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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 Springer. This book was released on 2016-05-24 with total page 235 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 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 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 216 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 On the Nature of Genocidal Intent by : Jason J. Campbell
Download or read book On the Nature of Genocidal Intent written by Jason J. Campbell and published by Lexington Books. This book was released on 2012-10-04 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a logical analysis of genocidal intent, which analyzes the necessary theoretical framework needed to understand its complex structure.
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: As non-state actors proliferate both in number and variety, the time is ripe for an explication of what obligations armed groups are under. Ground-breaking in examining humanitarian, human rights, and criminal law, Rodenhauser analyses groups ranging from gangs to cyber criminals to ask when organisations become culpable under international law.
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 232 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 Elements of Genocide by : Paul Behrens
Download or read book Elements of Genocide written by Paul Behrens and published by Routledge. This book was released on 2013-05-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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.
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 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 Modes of Liability in International Criminal Law by : Jérôme de Hemptinne
Download or read book Modes of Liability in International Criminal Law written by Jérôme de Hemptinne and published by Cambridge University Press. This book was released on 2019-07-11 with total page 0 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 International and Transnational Criminal Law by : David Luban
Download or read book International and Transnational Criminal Law written by David Luban and published by Aspen Publishing. This book was released on 2023-09 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Casebook on international and transnational criminal law"--
Book Synopsis Darfur and the Crime of Genocide by : John Hagan
Download or read book Darfur and the Crime of Genocide written by John Hagan and published by Cambridge University Press. This book was released on 2008-10-13 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2004, the State Department gathered more than a thousand interviews from refugees in Chad that verified Colin Powell's UN and congressional testimonies about the Darfur genocide. The survey cost nearly a million dollars to conduct and yet it languished in the archives as the killing continued, claiming hundreds of thousands of murder and rape victims and restricting several million survivors to camps. This book fully examines that survey and its heartbreaking accounts. It documents the Sudanese government's enlistment of Arab Janjaweed militias in destroying black African communities. The central questions are: why is the United States so ambivalent to genocide? Why do so many scholars deemphasize racial aspects of genocide? How can the science of criminology advance understanding and protection against genocide? This book gives a vivid firsthand account and voice to the survivors of genocide in Darfur.
Book Synopsis A Gendered Lens for Genocide Prevention by : Mary Michele Connellan
Download or read book A Gendered Lens for Genocide Prevention written by Mary Michele Connellan and published by Springer. This book was released on 2017-08-15 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection develops a gendered lens for genocide prevention by uncovering socially constructed gender roles which are crucial for the onset, form and prevention of genocide and mass atrocities. This volume draws on contemporary feminist theory, concepts of masculinity, critical discussions of international law, and in-depth case studies to provide a better understanding of the function of gender at different stages of genocide and mass atrocity processes as well as a basis for more comprehensive strategies for genocide prevention.
Book Synopsis Genocide, Torture, and Terrorism by : Thomas W. Simon
Download or read book Genocide, Torture, and Terrorism written by Thomas W. Simon and published by Springer. This book was released on 2016-04-29 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are understandably reluctant to "rank" moral atrocities. What is worse, genocide or terrorism? In this book, Thomas W. Simon argues that politicians use this to manipulate our sense of injustice by exaggerating terrorism and minimizing torture. He advocates for an international criminal code that encourages humanitarian intervention.
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.
