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The Concept Of Genocide In International Criminal Law
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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 2022-04 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 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 The Concept of Cultural Genocide by : Elisa Novic
Download or read book The Concept of Cultural Genocide written by Elisa Novic and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
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 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.
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.
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 2009-02-19 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2000.
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 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.
Book Synopsis 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 Axis Rule in Occupied Europe by : Raphael Lemkin
Download or read book Axis Rule in Occupied Europe written by Raphael Lemkin and published by The Lawbook Exchange, Ltd.. This book was released on 2014 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt: "In this study Polish emigre Raphael Lemkin (1900-1959) coined the term 'genocide' and defined it as a subject of international law"--Provided by publisher.
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.
Book Synopsis A Collective Theory of Genocidal Intent by : Sangkul Kim
Download or read book A Collective Theory of Genocidal Intent written by Sangkul Kim and published by Springer. This book was released on 2016-05-24 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tackling one of the most confusing and controversial issues in the field of international criminal law — i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the ‘conduct level’ and ‘context level’, it detects the genocidal intent element at the ‘context level’. The genocidal intent found in this manner belongs to a collective, which significantly departs from the prior individualistic understandings of the notion of genocidal intent. The author argues that the crime of genocide is not a ‘crime of mens rea’. Collective genocidal intent at the ‘context level’ operates in a way that renders the crime of genocide itself a criminal enterprise. The idea of genocide as a criminal enterprise also suggests that genocide is a leadership crime in respect of which only the high-level actors can be labeled as principals (as opposed to accessories). The book criticizes the dominant individualistic approaches to genocidal intent (in particular: the knowledge-based approach) which have thus far governed the relevant jurisprudential and academic analysis. It further demonstrates that the hidden notion of ‘collective genocide’ silently governs the relevant international jurisprudence. Practitioners and academics in the field of international criminal law and related disciplines will find in this book a new approach to the crime of genocide. The text is the first-ever book-length exposition of a collective account of genocidal intent. Its accessibility is highly enhanced by relevant footnotes.Sangkul Kim is Lecturer at Korea University in Seoul and Research Fellow with the Centre for International Law Research and Policy (CILRAP).He served as Associate Legal Adviser at the Office of the Prosecutor of the International Criminal Court (2004-2008). He earned law degrees from Korea University and Georgetown University Law Center.
Book Synopsis The Crime of Destruction and the Law of Genocide by : Caroline Fournet
Download or read book The Crime of Destruction and the Law of Genocide written by Caroline Fournet and published by Routledge. This book was released on 2016-03-16 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.
Book Synopsis The Genocide Convention by : H. G. Van Der Wilt
Download or read book The Genocide Convention written by H. G. Van Der Wilt and published by Martinus Nijhoff Publishers. This book was released on 2012-05-16 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genocide is acknowledged as 'the crime of crimes'. This book is the product of an encounter between scholars of historical and legal disciplines which have joined forces to address the question of whether the legal concept of genocide still corresponds with the historical and social perception of the phenomenon.
Book Synopsis Elements of Genocide by : Paul Behrens
Download or read book Elements of Genocide written by Paul Behrens and published by Routledge. This book was released on 2013-05-07 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.
Book Synopsis East West Street by : Philippe Sands
Download or read book East West Street written by Philippe Sands and published by Vintage. This book was released on 2017-07-11 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: A profound, important book, a moving personal detective story and an uncovering of secret pasts, set in Europe’s center, the city of bright colors—Lviv, Ukraine, dividing east from west, north from south, in what had been the Austro-Hungarian Empire. A book that explores the development of the world-changing legal concepts of “genocide” and “crimes against humanity” that came about as a result of the unprecedented atrocities of Hitler’s Third Reich. It is also a spellbinding family memoir, as the author traces the mysterious story of his grandfather as he maneuvered through Europe in the face of Nazi atrocities. This is “a monumental achievement ... told with love, anger and precision” (John le Carré, acclaimed internationally bestselling author). East West Street looks at the personal and intellectual evolution of the two men who simultaneously originated the ideas of “genocide” and “crimes against humanity,” both of whom, not knowing the other, studied at the same university with the same professors, in “the Paris of Ukraine,” a major cultural center of Europe, a city variously called Lemberg, Lwów, Lvov, or Lviv. Phillipe Sands changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder
Book Synopsis The Concept of Mens Rea in International Criminal Law by : Mohamed Elewa Badar
Download or read book The Concept of Mens Rea in International Criminal Law written by Mohamed Elewa Badar and published by Bloomsbury Publishing. This book was released on 2013-01-30 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.
