Convention on the Prevention and Punishment of the Crime of Genocide,

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Publisher : Bloomsbury Publishing
ISBN 13 : 1849467587
Total Pages : 632 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis Convention on the Prevention and Punishment of the Crime of Genocide, by : Christian Tams

Download or read book Convention on the Prevention and Punishment of the Crime of Genocide, written by Christian Tams and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) has a special standing in international law and international politics. For 60 years, the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the 'crime of crimes'. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that 'genocide is the ultimate form of discrimination'. In the same context the chief prosecutor of the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has as such influenced the subsequent development of many different areas of international law. For example, the 1951 Advisory Opinion on the Genocide Convention enabled the International Court of Justice to shape the modern regime of reservations to treaties. More recently, the prohibition against genocide has become a crucial pillar of the regime of international criminal law developing since the 1990s, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia and the permanent International Criminal Court.In this work the 19 provisions of the Convention are analysed article-by-article, with abundant references to state practice and case law.

Genocide in International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521787901
Total Pages : 644 pages
Book Rating : 4.7/5 (879 download)

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Book Synopsis Genocide in International Law by : William Schabas

Download or read book Genocide in International Law written by William Schabas and published by Cambridge University Press. This book was released on 2000-08-31 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1948 Genocide Convention has suddenly become a vital legal tool in the international campaign against impunity. The succinct provisions of the Convention are now being interpreted in important judgements by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and a growing number of domestic courts. In this definitive work William A. Schabas focuses on the judicial interpretation of the Convention, debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations, and the growing body of case law. Detailed attention is given to the concept of protected groups, to the quantitative dimension of genocide, to problems of criminal prosecution including defenses and complicity, and to issues of international judicial cooperations such as extradition. He also explores the duty to prevent genocide, and the consequences this may have on the emerging law of humanitarian intervention.

Convention on the Prevention and Punishment of the Crime of Genocide

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Publisher :
ISBN 13 : 9783845258911
Total Pages : pages
Book Rating : 4.2/5 (589 download)

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Book Synopsis Convention on the Prevention and Punishment of the Crime of Genocide by : Christian J. Tams

Download or read book Convention on the Prevention and Punishment of the Crime of Genocide written by Christian J. Tams and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide ("Genocide Convention") has a special standing in international law, as well as in international politics. For 60 years the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the 'crime of crimes'. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that 'genocide is the ultimate form of discrimination'. In the same context the chief prosecutor at the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has influenced the subsequent development of many different areas of international law. For example, the 1951 Advisory Opinion on the Genocide Convention enabled the International Court of Justice to shape the modern regime of reservations to treaties. More recently the prohibition against genocide has become a crucial pillar of international criminal law, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia, and the permanent International Criminal Court since the 1990s.In this work the provisions of the Convention are analysed article-by-article, including abundant practice and jurisprudence. Distinct sections on cross-cutting issues of general importance complement the analysis.

Elements of Genocide

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Author :
Publisher : Routledge
ISBN 13 : 1136168559
Total Pages : 310 pages
Book Rating : 4.1/5 (361 download)

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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.

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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Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 9780754647300
Total Pages : 328 pages
Book Rating : 4.6/5 (473 download)

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Book Synopsis The Genocide Convention by : John B. Quigley

Download or read book The Genocide Convention written by John B. Quigley and published by Ashgate Publishing, Ltd.. This book was released on 2006 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

Reducing Genocide to Law

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Publisher : Cambridge University Press
ISBN 13 : 113950441X
Total Pages : pages
Book Rating : 4.1/5 (395 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 pages. Available in PDF, EPUB and Kindle. Book excerpt: Could the prevailing view that genocide is the ultimate crime be wrong? Is it possible that it is actually on an equal footing with war crimes and crimes against humanity? Is the power of the word genocide derived from something other than jurisprudence? And why should a hierarchical abstraction assume such importance in conferring meaning on suffering and injustice? Could reducing a reality that is beyond reason and words into a fixed category undermine the very progress and justice that such labelling purports to achieve? For some, these questions may border on the international law equivalent of blasphemy. This original and daring book, written by a renowned scholar and practitioner who was the first Legal Advisor to the UN Prosecutor at The Hague, is a probing reflection on empathy and our faith in global justice.

The Crime of State: Genocide; United Nations legislation on international criminal law

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Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis The Crime of State: Genocide; United Nations legislation on international criminal law by : Pieter Nicolaas Drost

Download or read book The Crime of State: Genocide; United Nations legislation on international criminal law written by Pieter Nicolaas Drost and published by . This book was released on 1959 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A Cultural Interpretation of the Genocide Convention

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Author :
Publisher : Routledge
ISBN 13 : 1000096467
Total Pages : 236 pages
Book Rating : 4.0/5 ( download)

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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.

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 UN Genocide Convention

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Publisher :
ISBN 13 : 0199570213
Total Pages : 616 pages
Book Rating : 4.1/5 (995 download)

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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. "

Genocide and the Rule of Law

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Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Genocide and the Rule of Law by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Human Rights and the Law

Download or read book Genocide and the Rule of Law written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Human Rights and the Law and published by . This book was released on 2007 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rethinking the ‘Crime of Mens Rea’

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Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480383
Total Pages : 4 pages
Book Rating : 4.2/5 (834 download)

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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:

The Concept of Genocide in International Criminal Law

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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

Genocide and Crimes Against Humanity

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782250697
Total Pages : 168 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Genocide and Crimes Against Humanity by : Caroline Fournet

Download or read book Genocide and Crimes Against Humanity written by Caroline Fournet and published by Bloomsbury Publishing. This book was released on 2013-01-31 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ambiguities of the French law of genocide by exposing the inexplicable dichotomy between a progressive theory and an overly conservative practice. Based on the observation that the crime of genocide has remained absent from French courtrooms to the benefit of crimes against humanity, this research dissects the reasons for this absence, reviewing and analysing the potential legal obstacles to the judicial use of the law of genocide before contemplating the definitional impact of this judicial reluctance and the consequent confusion between the two crimes. Whilst it uses the French law of genocide and related case law on crimes against humanity as its focal points, the book further adopts a more general standpoint, suggesting that the French misunderstandings of the crime of genocide might ultimately be symptomatic of a more widespread misconception of the crime of genocide as a crime perpetrated against 'a group'.

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.

Genocide in International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107377463
Total Pages : pages
Book Rating : 4.1/5 (73 download)

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Book Synopsis Genocide in International Law by : William A. Schabas

Download or read book Genocide in International Law written by William A. Schabas and published by Cambridge University Press. This book was released on 2009-02-19 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1948 Genocide Convention has become a vital legal tool in the international campaign against impunity. Its provisions, including its enigmatic definition of the crime and its pledge both to punish and prevent the 'crime of crimes', have now been interpreted in important judgments by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda and various domestic courts. The second edition of this definitive work focuses on the judicial interpretation of the Convention, relying on debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations and the growing body of case law. Attention is given to the concept of protected groups, to problems of criminal prosecution and to issues of international judicial cooperation, such as extradition. The duty to prevent genocide and its relationship with the emerging doctrine of the 'responsibility to protect' are also explored.