The Crime of Destruction and the Law of Genocide

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 9780754670018
Total Pages : 228 pages
Book Rating : 4.6/5 (7 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 Ashgate Publishing, Ltd.. This book was released on 2007 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work deals with the crime of genocide and with the social and collective memory of this crime. The volume shows that genocide fails to be adequately remembered due to the inherent defects of the law of genocide itself. The book thus links the social phenomenon to the legal theory (the legal norms) as well as to the legal practice (the trials).

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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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.

Genocide in International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521883970
Total Pages : 760 pages
Book Rating : 4.5/5 (218 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 2009-02-19 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2000.

The 'Contextual Elements' of the Crime of Genocide

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Author :
Publisher : Springer
ISBN 13 : 9462652252
Total Pages : 236 pages
Book Rating : 4.4/5 (626 download)

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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.

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

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Author :
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.

The Criminal Law of Genocide

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Author :
Publisher : Routledge
ISBN 13 : 1317036964
Total Pages : 328 pages
Book Rating : 4.3/5 (17 download)

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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.

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.

The Genocide Convention

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Author :
Publisher : Routledge
ISBN 13 : 1317030729
Total Pages : 362 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Genocide Convention by : John Quigley

Download or read book The Genocide Convention written by John Quigley and published by Routledge. This book was released on 2016-03-09 with total page 362 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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Author :
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.

Rethinking the ‘Crime of Mens Rea’

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Author :
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 Crime of Genocide

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Author :
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Crime of Genocide by :

Download or read book The Crime of Genocide written by and published by . This book was released on 1977 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Persecution and Genocide. About the Delimitation of Genocide and Persecution

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3346036480
Total Pages : 11 pages
Book Rating : 4.3/5 (46 download)

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Book Synopsis Persecution and Genocide. About the Delimitation of Genocide and Persecution by : Sonja Kahl

Download or read book Persecution and Genocide. About the Delimitation of Genocide and Persecution written by Sonja Kahl and published by GRIN Verlag. This book was released on 2019-10-15 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, grade: -, , language: English, abstract: Despite sharing historical roots, genocide and persecution are increasingly considered two separate crimes with divergent legal elements that represent two different social wrongdoings. Genocide is a crime aimed at the destruction of groups, characterized by intent to destroy the group, whereas persecution is an offense aimed at serious discrimination against individuals, characterized by the mass or systematic character of the killing. Therefore, this paper will tackle the question of moral difference between genocide and persecution and ask why genocide can still be considered the “crime of crimes” if, contrary to persecution, it does not even require a mass-scale attack or a high number of victims. The most convincing approach argues that genocide risks more ancillary harm due to the additional intent not only to harm current group members, but also to destroy the group itself. Genocide per se is not worse than persecution, but it is more likely to expand into massive devastation. This is the reason why even “small” genocides need to be prosecuted, punished and prevented by international law.

The Crime of Genocide in International Law

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Author :
Publisher : Cameron May, Limited
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Crime of Genocide in International Law by : George William Mugwanya

Download or read book The Crime of Genocide in International Law written by George William Mugwanya and published by Cameron May, Limited. This book was released on 2007 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Crime of Genocide in International Law offers a comprehensive evaluation of the contribution of the UN International Criminal Tribunal for Rwanda to the development of the crime of genocide. The author's analysis of ICTR jurisprudence and other relevant sources, reveal the pioneering role of the Court in establishing the contours of the crime.

International Crimes: Volume I: Genocide

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Publisher : Oxford University Press
ISBN 13 : 0192581074
Total Pages : 512 pages
Book Rating : 4.1/5 (925 download)

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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.

The Genocide Convention

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004153284
Total Pages : 306 pages
Book Rating : 4.0/5 (41 download)

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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.

Classifying Genocide in International Law

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1000628566
Total Pages : 272 pages
Book Rating : 4.0/5 (6 download)

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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 Taylor & Francis. This book was released on 2022-08-05 with total page 272 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.