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A Cultural Interpretation Of The Genocide Convention
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Book Synopsis A Cultural Interpretation of the Genocide Convention by : Kurt Mundorff
Download or read book A Cultural Interpretation of the Genocide Convention written by Kurt Mundorff and published by Routledge. This book was released on 2020-08-25 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critiques the dominant physical and biological interpretation of the Genocide Convention and argues that the idea of "culture" is central to properly understanding the crime of genocide. Using Raphael Lemkin’s personal papers, archival materials from the State Department and the UN, as well as the mid-century secondary literature, it situates the convention in the longstanding debate between Enlightenment notions of universality and individualism, and Romantic notions of particularism and holism. The author conducts a thorough review of the treaty and its preparatory work to show that the drafters brought strong culturalist ideas to the debate and that Lemkin’s ideas were held widely in the immediate postwar period. Reconstructing the mid-century conversation on genocide and situating it in the much broader mid-century discourse on justice and society he demonstrates that culture is not a distraction to be read out of the Genocide Convention; it is the very reason it exists. This volume poses a forceful challenge to the materialist interpretation and calls into question decades of international case law. It will be of interest to scholars of genocide, human rights, international law, the history of international law and human rights, and treaty interpretation.
Book Synopsis The Concept of Cultural Genocide by : Elisa Novic
Download or read book The Concept of Cultural Genocide written by Elisa Novic and published by . This book was released on 2014 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis seeks to determine whether the evolution of international law has allowed for the concept of cultural genocide to be addressed in spite of its non-codification. It firstly provides an assessment of the evolution of the concept of cultural genocide, from a technique to a process of genocide, also known as 'ethnocide'. Acknowledging that the codification of the concept is unlikely in the future, it therefore undertakes a study of the evolution of international law with regard to the main components of the concept, namely genocide, culture and group. The evolution of the legal concept of 'genocide' raises the question of the interpretation of the international definition of genocide, which is enshrined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, so as to encompass instances of cultural destruction. The state of international and domestic judicial practice illustrates the limits of an evolutionary interpretation. In contrast, international law has evolved considerably in relation to the protection of some groups and their culture, so that customary international law, and especially international human rights law, may be deemed to prohibit group cultural destruction and consequently entail State responsibility. The thesis argues that this evolution could ground the articulation of an international law-based approach to the concept of cultural genocide both by allowing for its criminalisation through the crime against humanity of persecution and by providing tools for a stronger framework of State responsibility, especially in the context of genocide prevention. Furthermore, this approach would give rise to the possibility of further conceptualising reparation for the intended cultural damage. Against this background, the thesis firstly draws conclusions as to the irrelevance of enclosing the debate exclusively at the level of the genocide legal framework and, secondly, as to the relevance of cultural genocide as a 'paralegal concept', an understanding which would drive the interpretation of international legal norms, especially in cases involving indigenous peoples' cultural harm.
Book Synopsis The Genocide Convention by : Christian J. Tams
Download or read book The Genocide Convention written by Christian J. Tams and published by C.H.Beck. This book was released on 2023-12-01 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: TAMS/BERSTER/SCHIFFBAUER “The 1948 Convention on the Prevention and Punishment of the Crime of Genocide is the first universal human rights treaty of the United Nations era, the cornerstone of the international legal regime against the crime of genocide and a key influence on developments in many other areas of international law. In this article-by-article commentary each of the Genocide Convention’s 19 provisions is are analysed comprehensively. Drawing on case-law of the International Court of Justice, international criminal courts and tribunals, regional human rights courts and national, as well as domestic jurisprudence of many States, this commentary provides authoritative guidance on the Genocide Convention, including key matters such as the definition of genocide, the duty of States to prevent and punish it, and on the Convention’s implementation regime.”
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. "
Download or read book Genocide written by Adam Jones and published by Taylor & Francis. This book was released on 2023-11-30 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genocide: A Comprehensive Introduction is the most wide-ranging textbook on genocide yet published. Designed as a text for undergraduate and graduate students from a range of disciplines, it will also appeal to non-specialists and general readers. Fully updated to reflect the latest thinking in this rapidly developing field, this unique book: Provides an introduction to genocide as both a historical phenomenon and an analytical-legal concept, including the concept of genocidal intent and the dynamism and contingency of genocidal processes. Discusses the role of state-building, imperialism, war, and social revolution in fueling genocide. Supplies a wide range of full-length case studies of genocides worldwide, each with a supplementary study. Explores perspectives on genocide from the social sciences, including psychology, sociology, anthropology, political science/international relations, and gender studies. Considers the future of genocide, with attention to historical memory and genocide denial; initiatives for truth, justice, and redress; and strategies of intervention and prevention. Highlights of the new edition include: New case studies of the Uyghur genocide in the People’s Republic of China, the Rohingya Muslims of Myanmar, and Muslims in India. The historical and archaeological legacy of genocide. New and vivid testimonies of survivors and witnesses to genocide. This significantly revised fourth edition will remain an indispensable text for new generations of genocide study and scholarship. An accompanying website (www.genocidetext.net) features a selection of supplementary materials, teaching aids, and Internet resources.
Author :Frank Jacob, Kim Sebastian Todzi Publisher :Walter de Gruyter GmbH & Co KG ISBN 13 :3110781387 Total Pages :213 pages Book Rating :4.1/5 (17 download)
Book Synopsis Genocidal Violence by : Frank Jacob, Kim Sebastian Todzi
Download or read book Genocidal Violence written by Frank Jacob, Kim Sebastian Todzi and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-06-20 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Forensic and Legal Medicine by : Jason Payne-James
Download or read book Forensic and Legal Medicine written by Jason Payne-James and published by CRC Press. This book was released on 2024-01-05 with total page 1984 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and accessible resource covering all aspects of forensic and legal medicine. The text provides a foundation for those working in both the clinical and forensic aspects of care and will also be an asset to those involved in the police or judicial systems. Including clear guidelines for practical applications, and further enhanced by its many illustrations and case examples, this text is a valuable resource in an increasingly complex field. The authoritative work is writtenn by those who have extensive experience for a wide audience including, but not limited to, forensic pathologists, general pathologists, pediatric pathologists, forensic physicians, forensic scientists, coroners, emergency department physicians, judges and legal practitioners.
Book Synopsis North American Genocides by : Laurelyn Whitt
Download or read book North American Genocides written by Laurelyn Whitt and published by Cambridge University Press. This book was released on 2019-08 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that North American settler colonialism included episodes of genocide of Indigenous peoples as defined by the United Nations Genocide Convention.
Book Synopsis Culture and Human Rights: The Wroclaw Commentaries by : Andreas J. Wiesand
Download or read book Culture and Human Rights: The Wroclaw Commentaries written by Andreas J. Wiesand and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-11-07 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights.
Book Synopsis Handbook of Genocide Studies by : David J. Simon
Download or read book Handbook of Genocide Studies written by David J. Simon and published by Edward Elgar Publishing. This book was released on 2023-02-14 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an intellectual biography of the challenging concept of genocide, this topical Handbook takes an interdisciplinary approach to shed new light on the events, processes, and legacies in the field.
Book Synopsis The Concept of Genocide in International Criminal Law by : Marco Odello
Download or read book The Concept of Genocide in International Criminal Law written by Marco Odello and published by Routledge. This book was released on 2020-07-14 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies. Chapter 12 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003015222
Book Synopsis In the Shadow of Genocide by : Stephanie Wolfe
Download or read book In the Shadow of Genocide written by Stephanie Wolfe and published by Taylor & Francis. This book was released on 2022-12-30 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together scholars and practitioners for a unique inter-disciplinary exploration of justice and memory within Rwanda. It explores the various strategies the state, civil society, and individuals have employed to come to terms with their past and shape their future. The main objective and focus is to explore broad and varied approaches to post-atrocity memory and justice through the work of those with direct experience with the genocide and its aftermath. This includes many Rwandan authors as well as scholars who have conducted fieldwork in Rwanda. By exploring the concepts of how justice and memory are understood the editors have compiled a book that combines disciplines, voices, and unique insights that are not generally found elsewhere. Including academics and practitioners of law, photographers, poets, members of Rwandan civil society, and Rwandan youth this book will appeal to scholars and students of political science, legal studies, French and francophone studies, African studies, genocide and post-conflict studies, development and healthcare, social work, education and library services.
Book Synopsis From Discrimination to Death by : Melanie O'Brien
Download or read book From Discrimination to Death written by Melanie O'Brien and published by Taylor & Francis. This book was released on 2022-11-18 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Discrimination to Death studies the process of genocide through the human rights violations that occur during genocide. Using individual testimonies and in-depth field research from the Armenian Genocide, Holocaust and Cambodian Genocide, this book demonstrates that a pattern of specific escalating human rights abuses takes place in genocide. Offering an analysis of all these particular human rights as they are violated in genocide, the author intricately brings together genocide studies and human rights, demonstrating how the ‘crime of crimes’ and the human rights law regime correlate. The book applies the pattern of rights violations to the Rohingya Genocide, revealing that this pattern could have been used to prevent the violence against the Rohingya, before advocating for a greater role for human rights oversight bodies in genocide prevention. The pattern ascertained through the research in this book offers a resource for governments and human rights practitioners as a mid-stream indicator for genocide prevention. It can also be used by lawyers and judges in genocide trials to help determine whether genocide took place. Undergraduate and postgraduate students, particularly of genocide studies, will also greatly benefit from this book.
Book Synopsis Jasenovac Concentration Camp by : Andriana Benčić Kužnar
Download or read book Jasenovac Concentration Camp written by Andriana Benčić Kužnar and published by Taylor & Francis. This book was released on 2023-04-21 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents state-of-the-art discussions around the concentration camp Jasenovac. Initially one of the largest camps of the Second World War, Jasenovac became a symbol of supra-national unity during the Yugoslav period and in the 1990s re-emerged as a contested symbol of narrational victimhood. By analyzing some of the most controversial topics related to the Second World War in south-eastern Europe – the Holocaust, the genocide of Serbs and Roma, the issues of political prisoners and state-sponsored crimes, censorship during Communist Yugoslavia, the use of memory in war propaganda, and representation of tragedies in museums and art – the book allows for a greater understanding of the development of intergroup violence in the former Yugoslavia. It will be of interest to scholars and students of history, genocide studies, memory studies, and sociology as well as professionals working in the field of conflict resolution and reconciliation.
Book Synopsis International Criminal Law: Cases and Commentary by : Antonio Cassese
Download or read book International Criminal Law: Cases and Commentary written by Antonio Cassese and published by Oxford University Press. This book was released on 2011-02-24 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decisions presented in the book are helpfully accompanied by short introductions setting out the circumstances of each case and brief commentaries on the importance of the decision and principles illustrated. --Book Jacket.
Book Synopsis Principles of International Criminal Law by : Gerhard Werle
Download or read book Principles of International Criminal Law written by Gerhard Werle and published by Oxford University Press. This book was released on 2020-10-09 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of International Criminal Law is one of the most influential textbooks in the field of international criminal justice. This fourth edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law. It provides a detailed understanding of the sources and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. The book assesses in detail the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. The new edition revises and updates the work with developments in international criminal justice since 2014. It includes substantial new material on critical perspectives on international criminal justice, the fragmentation of international criminal law, new war crimes of prohibited means of warfare, and the prosecution of crimes committed in Syria and Northern Iraq.The book retains its highly-acclaimed systematic approach and consistent methodology, making it essential reading for both students and scholars of international criminal law, as well as practitioners and judges working in the field.
Book Synopsis The 'Contextual Elements' of the Crime of Genocide by : Nasour Koursami
Download or read book The 'Contextual Elements' of the Crime of Genocide written by Nasour Koursami and published by Springer. This book was released on 2018-02-10 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
