Holocaust, Genocide, and the Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0190664037
Total Pages : 393 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Holocaust, Genocide, and the Law by : Michael Bazyler

Download or read book Holocaust, Genocide, and the Law written by Michael Bazyler and published by Oxford University Press. This book was released on 2017-07 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."

Genocide Denials and the Law

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Publisher : Oxford University Press
ISBN 13 : 0199876398
Total Pages : 380 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Genocide Denials and the Law by : Ludovic Hennebel

Download or read book Genocide Denials and the Law written by Ludovic Hennebel and published by Oxford University Press. This book was released on 2011-02-09 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech. The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial. Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.

The Concept of Genocide in International Criminal Law

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Author :
Publisher : Routledge
ISBN 13 : 1000076725
Total Pages : 251 pages
Book Rating : 4.0/5 ( download)

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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

Holocaust and Genocide Denial

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Author :
Publisher : Routledge
ISBN 13 : 1317204158
Total Pages : 263 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Holocaust and Genocide Denial by : Paul Behrens

Download or read book Holocaust and Genocide Denial written by Paul Behrens and published by Routledge. This book was released on 2017-05-18 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian. Legal academics and practitioners as well as political scientists are faced with the difficulty of evaluating methods to deal with denial and must in this regard identify the limits of freedom of speech, but also the need to preserve the rights of victims. Beyond that, the question arises whether the law can ever be an effective option for dealing with revisionist statements and the revisionist movement. In this regard, Holocaust and Genocide Denial: A Contextual Perspective breaks new ground: exploring the background of revisionism, the specific methods devised by individual States to counter this phenomenon, and the rationale for their strategies. Bringing together authors whose expertise relates to the history of the Holocaust, genocide studies, international criminal law and social anthropology, the book offers insights into the history of revisionism and its varying contexts, but also provides a thought-provoking engagement with the challenging questions attached to its treatment in law and politics.

Law Against Genocide

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Author :
Publisher : Routledge
ISBN 13 : 113531151X
Total Pages : 301 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Law Against Genocide by : David Hirsh

Download or read book Law Against Genocide written by David Hirsh and published by Routledge. This book was released on 2012-09-10 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing a sociologist's insight to legal institutions and narratives, this book is an innovative and timely sociological contribution to current concerns regarding critical cosmopolitanism, human rights and crimes against humanity.

The Genocide Convention

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900422131X
Total Pages : 305 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Genocide Convention by : Harmen van der Wilt

Download or read book The Genocide Convention written by Harmen van der Wilt and published by Martinus Nijhoff Publishers. This book was released on 2012-05-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The social construction of genocide reflects the deeper question whether the rigid legal concept of genocide – as it emerges in the Genocide Convention and has been maintained ever since – still corresponds with the historical and social perception of the phenomenon. This book is the product of an intellectual encounter between scholars of historical and legal disciplines which have joined forces to address this question.

Migration in the Age of Genocide

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Author :
Publisher : Springer
ISBN 13 : 3319218492
Total Pages : 216 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis Migration in the Age of Genocide by : Alastair Davidson

Download or read book Migration in the Age of Genocide written by Alastair Davidson and published by Springer. This book was released on 2015-08-26 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a novel proposal for establishing justice and social harmony in the aftermath of genocide. It argues that justice should be determined by the victims of genocide rather than a detached legal system, since such a form of justice is more consistent with a socially grounded ethics, with a democracy that privileges citizen decision-making, and with human rights. The book covers the Holocaust; genocides in Argentina, South Africa, Rwanda, Latin America, and Australia, as well as crimes against humanity in Italy and France. From show trials to state- enforced forgiveness, the book examines various methods that have been used since 1945 to punish the individuals and groups responsible for genocide and how they have ultimately failed to deliver true justice to the victims. The only way to end this failure, the book points out, is to return justice to the victims. This simple proposition; however, challenges the Enlightenment tradition of Western law which was built on the refusal to allow victims to determine the measure of justice. That would amount, according to Bacon, Hegel, and Kant to a revenge system and bring social chaos. But, as this book points out, forgiveness is only something victims can give, no-one can demand it. In order to establish a lasting peace, it is necessary to re-examine the philosophical and theoretical refusal to return justice to the victims. The engaging argument put forth in this book can help deliver true justice and re-establish international social harmony in the aftermath of genocide. Genocide is ubiquitous in the modern, global world. It's understanding is highly relevant for the understanding of specific and perpetuating challenges in migration. Genocide forces the migration of millions to avoid crimes against humanity. When they flee war zones they bring their fears, hates, and misery with them. So migration research must engage fully with the experience of genocide, its human conseque nces and the ethical dilemmas it poses to all societies. Not to do so, will make it more difficult to understand and live with newcomers and to achieve some sort of harmony in host countries, as well as those which are centers of genocide.

The Crime of Destruction and the Law of Genocide

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Author :
Publisher : Routledge
ISBN 13 : 1317037022
Total Pages : 232 pages
Book Rating : 4.3/5 (17 download)

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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.

The Concept of Genocide in International Criminal Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)

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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 . This book was released on 2017 with total page 0 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 which was then incorporated into the 1948 Convention against 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.

Reducing Genocide to Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521824419
Total Pages : 211 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Reducing Genocide to Law by : Payam Akhavan

Download or read book Reducing Genocide to Law written by Payam Akhavan and published by Cambridge University Press. This book was released on 2012-01-26 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?

Genocide, State Crime and the Law

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Author :
Publisher : Routledge
ISBN 13 : 1136654151
Total Pages : 249 pages
Book Rating : 4.1/5 (366 download)

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Book Synopsis Genocide, State Crime and the Law by : Jennifer Balint

Download or read book Genocide, State Crime and the Law written by Jennifer Balint and published by Routledge. This book was released on 2011-10-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Focusing on seven instances of state crime - the genocide of the Armenians by the Ottoman state, the Holocaust and Nazi Germany, Cambodia under the Khmer Rouge, apartheid South Africa, Ethiopia under Mengistu and the Dergue, the genocide in Rwanda, and the conflict in the former Yugoslavia - and drawing on others, the book shows how law is companion and collaborator in these acts of nation-building by the state, and the limits and potentials of law's constitutive role in post-conflict reconstruction. It considers how law can be a partner in destruction yet also provide a space for justice.

Genocide and Human Rights

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Author :
Publisher : Routledge
ISBN 13 : 135115754X
Total Pages : 626 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Genocide and Human Rights by : Mark Lattimer

Download or read book Genocide and Human Rights written by Mark Lattimer and published by Routledge. This book was released on 2017-11-28 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genocide is both the gravest of crimes under international law and the ultimate violation of human rights. Recent years have seen major legal and political developments concerning genocide and other mass violations of rights. This collection brings together, for the first time, leading essays covering definitions, legislation, the sociology of genocide, prevention, humanitarian intervention, accountability, punishment and reconciliation.

Responsibility for negation of international crimes

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Author :
Publisher : Wydawnictwo Instytutu Wymiaru Sprawiedliwości
ISBN 13 :
Total Pages : 322 pages
Book Rating : 4./5 ( download)

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Book Synopsis Responsibility for negation of international crimes by : Patrycja Grzebyk

Download or read book Responsibility for negation of international crimes written by Patrycja Grzebyk and published by Wydawnictwo Instytutu Wymiaru Sprawiedliwości. This book was released on with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: History is no longer the exclusive domain of historians, but is now often used as a tool for politics. It is not without reason that the term “state historical policy” has been coined, which must be a kind of aberration for those who believed that the role of history is to objectively determine the course of events. The fact is, however, that the distortion of historical facts, the concealment of crimes is now part of the “information war”. Therefore, new acts of public international law, EU law and national law are introduced in order to combat public condonation, denial or gross trivialisation of the core international crimes which are certain forms and expressions of racism and xenophobia. States have to determine for themselves how they understand “denial” or “gross trivialization”, which may lead to abuse. In many cases, when introducing criminal law provisions, States wish to decree historical truth, to establish once and for all the general facts and determine who was the victim, and who was the perpetrator. This does not have to be the result of bad will, but of a desire to exclude the possibility of nuance, which could turn into dangerous trivialisation. The aim of this publication is to specify the reasons for holding accountable for denial of international crimes, indicate legal obligations in this respect, look at the Polish case, both in terms of criminal provisions (partly repealed) and standards of a civil law nature, and compare the Polish regulation with the legal systems of other states, which were chosen because of the region (Central and Eastern Europe) or due to having current problems with denial of crimes or doubts about prosecution on this account.

Responding to Modern Genocide

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Author :
Publisher : Routledge
ISBN 13 : 113502281X
Total Pages : 271 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Responding to Modern Genocide by : Mark D. Kielsgard

Download or read book Responding to Modern Genocide written by Mark D. Kielsgard and published by Routledge. This book was released on 2015-07-30 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developments in the understanding and treatment of genocide through the twentieth century have involved a combination of politics, public opinion, social trends, and economic development, and led to the substantive law of genocide and the assumption of international jurisdiction. This book analyzes incidences of genocide and mass atrocities, focusing on the political factors involved in modern counter-genocide efforts. Drawing on incidences of genocide and mass atrocity such as the Holocaust, the Rwandan genocide, and the Armenian genocide, Mark Kielsgard adopts a conceptual model that reveals the political factors which impact the international law of genocide, such as barriers and catalysts to transitional justice and the politics of genocide denial. As a work which provides a focused picture of those influences and their significance to genocide studies, this book will be of great use and interest to students and researchers in international criminal law, conflict studies, and conflict resolution.

Law After Auschwitz

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Author :
Publisher :
ISBN 13 :
Total Pages : 492 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Law After Auschwitz by : David Fraser

Download or read book Law After Auschwitz written by David Fraser and published by . This book was released on 2005 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of Nazi law is, for many lawyers, an oxymoron. Today, law under the National Socialist regime continues to be portrayed and understood as the ultimate perversion of legality and the Holocaust as the inevitable result of the collapse of the rule of law. This book offers important insights into the ways in which our understanding of the Holocaust and of the law have been built upon mutually reinforcing but erroneous constructions of the two. Fraser argues that the Holocaust is best understood, or at least studied, not as a point of lawless, criminal disjuncture with law, but as offering remarkable points of commonality and continuity with the law, with legality as understood at the time, and with law as we understand and practice it today. Law after Auschwitz studies law and lawyers under Nazi rule, the jurisprudence of Nazi law, and the reception of Nazi law by contemporary legal scholarship. It offers detailed analyses of the ways in which the Holocaust has been constructed in post-war trials. This book raises fundamental questions about legality and ethics in the 21st century. If the Holocaust took place in a "legal" framework, and if the legal system today operates in part in a continuous fashion with Nazi legality, then law must be understood as still operating in the shadow of Auschwitz. Throughout the book, the consequences of a legal system which operates in a state of willful amnesia about its own implication in the Shoah, is the central focus. "Fraser writes in an engaging style and keeps the reader with him throughout the book, no mean feat given the morass of material managed and the uncomfortable ideas engaged... a thought-provoking work, it will be useful reading for scholars from a variety of disciplines." -- Law & Politics Book Review"[Law after Auschwitz] show[s] resonances of fascist legal thought in contemporary European law and wider Western culture...by documenting antisemitic-inspired discourses of 'forgiving and forgetting', and asserting an uncomfortable parity between contemporary medico-legal thought and eugenics... Law after Auschwitz...has some fascinating material on antisemitic-fuelled amnesia." -- International Journal of Law in Context

Memory Laws and Historical Justice

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Author :
Publisher : Springer Nature
ISBN 13 : 3030949141
Total Pages : 336 pages
Book Rating : 4.0/5 (39 download)

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Book Synopsis Memory Laws and Historical Justice by : Elazar Barkan

Download or read book Memory Laws and Historical Justice written by Elazar Barkan and published by Springer Nature. This book was released on 2022-09-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines state efforts to shape the public memory of past atrocities in the service of nationalist politics. This political engagement with the 'duty to remember', and the question of historical memory and identity politics, began as an effort to confront denialism with regard to the Holocaust, but now extends well beyond that framework, and has become a contentious subject in many countries. In exploring the politics of memory laws, a topic that has been overlooked in the largely legal analyses surrounding this phenomenon, this volume traces the spread of memory laws from their origins in Western Europe to their adoption by countries around the world. The work illustrates how memory laws have become a widespread tool of governments with a nationalist, majoritarian outlook. Indeed, as this volume illustrates, in countries that move from pluralism to majoritarianism, memory laws serve as a warning – a precursor to increasingly repressive, nationalist inclinations.

Memory and Punishment

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Author :
Publisher : Springer
ISBN 13 : 9462652341
Total Pages : 217 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Memory and Punishment by : Emanuela Fronza

Download or read book Memory and Punishment written by Emanuela Fronza and published by Springer. This book was released on 2018-02-27 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the criminalisation of denials of genocide and of other mass atrocities in Europe and discusses the implications of protecting institutional historical memory through criminal law. The analysis highlights the tensions with free speech, investigating the relationship between criminal law and historical memory. The book paves the way for a broader discussion about fake news, ‘post-truth’ scenarios, and free expression in a digital world. The author underscores the need to protect well-founded factual records from the dangers of misinformation. Historical denialism and the related jurisprudence represent a key step in exploring this complex field. The book combines an interdisciplinary approach with criminal law methodology. It is primarily aimed at academics, practitioners and others who wish to deepen their understanding of historical denialism, remembrance laws, ‘speech crimes’ and freedom of expression. Emanuela Fronza is Senior Research Fellow in Criminal Law and Lecturer in International and European Criminal Law at the School of Law, University of Bologna. She is a Principal Investigator within the EU research consortium Memory Laws in European and Comparative Perspectives funded by HERA (Humanities in the European Research Area).