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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?
Book Synopsis Reducing Genocide to Law by : Payam Akhavan
Download or read book Reducing Genocide to Law written by Payam Akhavan and published by . This book was released on 2014-05-14 with total page 191 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.
Book Synopsis The Criminal Law of Genocide by : Paul Behrens
Download or read book The Criminal Law of Genocide written by Paul Behrens and published by Routledge. This book was released on 2016-03-16 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.
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 . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers an in-depth examination into genocide law by focusing on one of the lesser examined, yet practically significant, issues: the 'substantiality requirement'. This refers to the requirement in International Law that intended destruction should be directed towards a 'substantial' part of a protected group in order for an atrocity to qualify as genocide. This comprehensive and detailed study draws connections between different judicial approaches to 'substantiality' and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide. The book systematically explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law, and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging 'relational approaches to genocide', offers a third way to understand the existing legal representation of the crime and, consequently, the idea of 'substantiality'. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan. This book will be highly useful to students and scholars with an interest in genocide studies, international criminal law and legal theory. It will also be of interest to policymakers engaged with issues around genocide"--
Book Synopsis 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 with total page 288 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 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 2016-10-25 with total page 352 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."
Book Synopsis The Criminal Law of Genocide by : Ralph J. Henham
Download or read book The Criminal Law of Genocide written by Ralph J. Henham and published by . This book was released on 2007 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis In Search of a Better World by : Payam Akhavan
Download or read book In Search of a Better World written by Payam Akhavan and published by House of Anansi Press. This book was released on 2017-09-09 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A work of memoir, history, and a call to action, In Search of a Better World, the 2017 CBC Massey Lecture, is a powerful and essential work on the major human rights struggles of our times. Renowned UN prosecutor and human rights scholar Payam Akhavan has encountered the grim realities of contemporary genocide throughout his life and career. He argues that deceptive utopias, political cynicism, and public apathy have given rise to major human rights abuses: from the religious persecution of Iranian Bah�'�s that shaped his personal life, to the horrors of ethnic cleansing in Yugoslavia, the genocide in Rwanda, and the rise of contemporary phenomena such as the Islamic State. But he also reflects on the inspiring resilience of the human spirit and the reality of our inextricable interdependence to liberate us, whether from hateful ideologies that deny the humanity of others or an empty consumerist culture that worships greed and self-indulgence. A timely, essential, and passionate work of memoir and history, In Search of a Better World is a tour de force by an internationally renowned human rights lawyer.
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 Gender and International Criminal Law by : Indira Rosenthal
Download or read book Gender and International Criminal Law written by Indira Rosenthal and published by Oxford University Press. This book was released on 2022-07-14 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few decades have seen remarkable developments in international criminal justice, especially in relation to the pursuit of individuals responsible for sexual violence and other gender-based crimes. Historically ignored, justified, or minimised, this category of crimes now has a heightened profile in the international political and judicial arena. Despite this, gender is poorly understood, and blind spots, biases, and stereotypes prevail. This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). It identifies and analyses past and current narrow understandings of gender, before considering how a limited conceptualization affects accountability efforts. The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL. The authors' aim is to strengthen efforts for accountability for all atrocity crimes-war crimes, crimes against humanity, genocide, and aggression.
Book Synopsis International Crimes: Volume I: Genocide by : Guénaël Mettraux
Download or read book International Crimes: Volume I: Genocide written by Guénaël Mettraux and published by Oxford University Press. This book was released on 2019-06-18 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. While the book is an invaluable tool for academics and researchers, it is particularly suited to legal practitioners, guiding the reader through the practical and evidential challenges associated with the prosecution of international crimes.
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.
Book Synopsis The Genocide Paradox by : Anne O'Byrne
Download or read book The Genocide Paradox written by Anne O'Byrne and published by Fordham Univ Press. This book was released on 2023-04-25 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: We regard genocidal violence as worse than other sorts of violence—perhaps the worst there is. But what does this say about what we value about the genos on which nations are said to be founded? This is an urgent question for democracies. We value the mode of being in time that anchors us in the past and in the future, that is, among those who have been and those who might yet be. If the genos is a group constituted by this generational time, the demos was invented as the anti-genos, with no criterion of inheritance and instead only occurring according to the interruption of revolutionary time. Insofar as the demos persists, we experience it as a sort of genos, for example, the democratic nation state. As a result, democracies are caught is a bind, disavowing genos-thinking while cherishing the temporal forms of genos-life; they abhor genocidal violence but perpetuate and disguise it. This is the genocide paradox. O’Byrne traces the problem through our commitment to existential categories from Aristotle to the life taxonomies of Linneaus and Darwin, through anthropologies of kinship that tether us to the social world, the shortfalls of ethical theory, into the history of democratic theory and the defensive tactics used by real existing democracies when it came to defining genocide for the U.N. Genocide Convention. She argues that, although models of democracy all make room for contestation, they fail to grasp its generational structure or acknowledge the generational content of our lives. They cultivate ignorance of the contingency and precarity of the relations that create and sustain us. The danger of doing so is immense. It leaves us unprepared for confronting democracy’s deficits and its struggle to entertain multiple temporalities. In addition, it leaves us unprepared for understanding the relation between demos and violence, and the ability of good enough citizens to tolerate the slow-burning destruction of marginalized peoples. What will it take to envision an anti-genocidal democracy?
Book Synopsis Reciprocity in Public International Law by : Arianna Whelan
Download or read book Reciprocity in Public International Law written by Arianna Whelan and published by Cambridge University Press. This book was released on 2023-03-02 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a common perception of reciprocity as a concept that is opposed to the communitarian interests that characterise contemporary international law, or merely a way of denoting reactions to unfriendly or wrongful conduct. This book disputes this approach, and highlights how reciprocity is instead linked to the structural characteristic of sovereign equality of States in international law. This book carries out an in-depth analysis of the concept of reciprocity and the elements that characterise it, before examining the various roles and articulations of reciprocity in a number of fields of public international law: the law of treaties, the treatment of individuals, the execution of international law, and the jurisdiction of international courts and tribunals. In all these areas, it analyses both more traditional and more contemporary examples, to demonstrate how reciprocity is closely linked to the very structure of public international law.
Book Synopsis Coalitions of the Willing and International Law by : Alejandro Rodiles
Download or read book Coalitions of the Willing and International Law written by Alejandro Rodiles and published by Cambridge University Press. This book was released on 2018-08-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Global action and regulation is increasingly the result of the interplay between formality and informality. From the management of State conduct in international security to the coordination of national policies in climate change, international organizations work ever closer with coalitions of the willing. This book carefully describes this dynamic game, showing that it consists of transformative orchestration strategies and quasi-formalization processes. On the institutional plane, coalitions of the willing turn into 'durable efforts', while international organizations perform as 'platforms' within broader regime complexes. On the normative level, informal standards are framed in legal language and bestowed with the force of law, while legal norms are attached to multilayered schemes of implementation, characterized by pragmatic correspondences, persuasion tactics, and conceptual framing. Understanding how this interplay alters the notion of 'international legality' is crucial for the necessary recalibrations of the political ideals that will inform the rule of law in global governance.
Book Synopsis The Doctrine of Odious Debt in International Law by : Jeff King
Download or read book The Doctrine of Odious Debt in International Law written by Jeff King and published by Cambridge University Press. This book was released on 2016-05-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the doctrine of odious debt, loans which are knowingly provided to subjugate or defraud the population of a debtor state are not legally binding against that state under international law. Breaking with widespread scepticism, this groundbreaking book reaffirms the original doctrine through a meticulous and definitive examination of state practice and legal history. It restates the doctrine by introducing a new classification of odious debts and defines 'odiousness' by reference to the current, much more determinate and litigated framework of existing public international law. Acknowledging that much of sovereign debt is now governed by the private law of New York and England, Jeff King explores how 'odious debts' in international law should also be regarded as contrary to public policy in private law. This book is essential reading for practising lawyers, scholars, and development and human rights workers.
