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The Genocide Convention The Travaux Preparatoires 2 Vols
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Book Synopsis The Genocide Convention: The Travaux Préparatoires (2 vols) by : Hirad Abtahi
Download or read book The Genocide Convention: The Travaux Préparatoires (2 vols) written by Hirad Abtahi and published by BRILL. This book was released on 2009-02-28 with total page 2274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work gathers together for the first time in a single publication the records of the multitude of meetings which, in the context of the newly established United Nations, led to the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948. This work will enable academics and practitioners easy access to the Genocide Convention’s travaux préparatoires – an endeavour that has until now proven extremely difficult. This work will be of paramount importance for the international adjudication of the crime of genocide insofar as recourse to the “general rule of interpretation” and the “supplementary means of interpretation” under the 1969 Vienna Convention on the Law of Treaties is concerned.
Book Synopsis The United Nations Genocide Convention by : Samuel Totten
Download or read book The United Nations Genocide Convention written by Samuel Totten and published by University of Toronto Press. This book was released on 2019-11-20 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is virtually impossible to understand the phenomenon of genocide without a clear understanding of the complexities of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (UNCG). This brief but cogent book provides an introduction to the unique wording, legal terminology, and key components of the convention, which was adopted by the United Nations General Assembly in 1948. Providing clarity on the distinctions between genocide, crimes against humanity, war crimes, and ethnic cleansing, this book is designed to be an entry into further study of genocide in its legal, historical, political, and philosophical dimensions. Key terms, such as intent and motive, are explained, case studies are included, and a detailed bibliography at the conclusion of the book offers suggested avenues for more advanced study of the UNCG.
Book Synopsis Twentieth Century Forcible Child Transfers by : Ruth Amir
Download or read book Twentieth Century Forcible Child Transfers written by Ruth Amir and published by Rowman & Littlefield. This book was released on 2018-11-27 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current surge of displaced and trafficked children, child soldiers, and child refugees rekindles the virtually dead letter of the Genocide Convention prohibition on transferring children of one group to another. This book focuses on the gap between genocide as a legal term and genocidal forcible child transfer as a catastrophic experience that disrupts a group’s continuity. It probes the Genocide Convention’s boundaries and draws attention to the diverse, yet highly similar, patterns of forcible child transfers cases such as colonial genocide in the US, Canada, and Australia, Jewish-Yemeni immigrants in Israel, children of Republican parents during the Spanish Civil War and its aftermath, and Operation Peter Pan in Cuba. The analysis highlights the consequences of the under-inclusive protection granted only to four groups. Ruth Amir argues effectively for the need to add an Amending Protocol to the Genocide Convention to protect from forcible transfer to children of any identifiable group of persons perpetrated with the intent to destroy the group as such. This proposed provision together with Communications and Rapid Inquiry Procedures will highlight the gravity of forcible child transfers and contribute to the prevention and punishment of genocide.
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 243 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.
Author :Frank Jacob, Kim Sebastian Todzi Publisher :Walter de Gruyter GmbH & Co KG ISBN 13 :3110781387 Total Pages :213 pages Book Rating :4.1/5 (17 download)
Book Synopsis Genocidal Violence by : Frank Jacob, Kim Sebastian Todzi
Download or read book Genocidal Violence written by Frank Jacob, Kim Sebastian Todzi and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-06-20 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Preservation of Art and Culture in Times of War by :
Download or read book The Preservation of Art and Culture in Times of War written by and published by Oxford University Press. This book was released on 2022-09-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflict over cultural heritage has increasingly become a standard part of war. Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by state and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. With this increasing awareness of the role cultural heritage plays in war, scholars and practitioners have progressed from seeing conflict-related destruction of cultural heritage as a cultural tragedy to understanding it as a vital national security issue. There is also a shift from the desire to protect cultural property for its own sake to viewing its protection as connected to broader agendas of peace and security. Concerns about cultural heritage have thus migrated beyond the cultural sphere to worries about the protection of civilians, the financing of terrorism, societal resilience, post-conflict reconciliation, hybrid warfare, and the geopolitics of territorial conflicts. This volume seeks to deepen public understanding of the evolving nexus between cultural heritage and security in the twenty-first century. Drawing on a variety of disciplines and perspectives, the chapters in this volume examine a complex set of relationships between the deliberate destruction and misuse of cultural heritage in times of conflict, on the one hand, and basic societal values, legal principles, and national security, on the other.
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 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 545 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 The Problems of Genocide by : A. Dirk Moses
Download or read book The Problems of Genocide written by A. Dirk Moses and published by Cambridge University Press. This book was released on 2021-02-04 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically delineates the problems of genocide as a concept in relation to rival categories of mass violence.
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 UN Security Council Members' Responsibility to Protect by : Andreas S. Kolb
Download or read book The UN Security Council Members' Responsibility to Protect written by Andreas S. Kolb and published by Springer. This book was released on 2017-12-04 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.
Download or read book Genocide written by Donald Bloxham and published by Oxford University Press. This book was released on 2022-03-24 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of scholarship on the pressing problem of genocide shows no sign of abating. This volume takes stock of Genocide Studies in all its multi-disciplinary diversity by adopting a thematic rather than case-study approach. Each chapter is by an expert in the field and comprises an up-to-date survey of emerging and established areas of enquiry while highlighting problems and making suggestions about avenues for future research. Each essay also has a select bibliography to facilitate further reading. Key themes include imperial violence and military contexts for genocide, predicting, preventing, and prosecuting genocide, gender, ideology, the state, memory, transitional justice, and ecocide. The volume also scrutinises the concept of genocide - its elasticity, limits, and problems. It does not provide a definition of genocide but rather encourages the reader to think critically about genocide as a conceptual and legal category concerned with identity-based violence against civilians.
Book Synopsis Indigenous Peoples as Subjects of International Law by : Irene Watson
Download or read book Indigenous Peoples as Subjects of International Law written by Irene Watson and published by Routledge. This book was released on 2017-07-14 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than 500 years, Indigenous laws have been disregarded. Many appeals for their recognition under international law have been made, but have thus far failed – mainly because international law was itself shaped by colonialism. How, this volume asks, might international law be reconstructed, so that it is liberated from its colonial origins? With contributions from critical legal theory, international law, politics, philosophy and Indigenous history, this volume pursues a cross-disciplinary analysis of the international legal exclusion of Indigenous Peoples, and of its relationship to global injustice. Beyond the issue of Indigenous Peoples’ rights, however, this analysis is set within the broader context of sustainability; arguing that Indigenous laws, philosophy and knowledge are not only legally valid, but offer an essential approach to questions of ecological justice and the co-existence of all life on earth.
Download or read book Genocide written by Adam Jones and published by Taylor & Francis. This book was released on 2023-11-30 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Genocide: A Comprehensive Introduction is the most wide-ranging textbook on genocide yet published. Designed as a text for undergraduate and graduate students from a range of disciplines, it will also appeal to non-specialists and general readers. Fully updated to reflect the latest thinking in this rapidly developing field, this unique book: Provides an introduction to genocide as both a historical phenomenon and an analytical-legal concept, including the concept of genocidal intent and the dynamism and contingency of genocidal processes. Discusses the role of state-building, imperialism, war, and social revolution in fueling genocide. Supplies a wide range of full-length case studies of genocides worldwide, each with a supplementary study. Explores perspectives on genocide from the social sciences, including psychology, sociology, anthropology, political science/international relations, and gender studies. Considers the future of genocide, with attention to historical memory and genocide denial; initiatives for truth, justice, and redress; and strategies of intervention and prevention. Highlights of the new edition include: New case studies of the Uyghur genocide in the People’s Republic of China, the Rohingya Muslims of Myanmar, and Muslims in India. The historical and archaeological legacy of genocide. New and vivid testimonies of survivors and witnesses to genocide. This significantly revised fourth edition will remain an indispensable text for new generations of genocide study and scholarship. An accompanying website (www.genocidetext.net) features a selection of supplementary materials, teaching aids, and Internet resources.
Book Synopsis The Sleeping Giant Awakens by : David B. MacDonald
Download or read book The Sleeping Giant Awakens written by David B. MacDonald and published by University of Toronto Press. This book was released on 2019-05-09 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confronting the truths of Canada’s Indian residential school system has been likened to waking a sleeping giant. In The Sleeping Giant Awakens, David B. MacDonald uses genocide as an analytical tool to better understand Canada’s past and present relationships between settlers and Indigenous peoples. Starting with a discussion of how genocide is defined in domestic and international law, the book applies the concept to the forced transfer of Indigenous children to residential schools and the "Sixties Scoop," in which Indigenous children were taken from their communities and placed in foster homes or adopted. Based on archival research, extensive interviews with residential school Survivors, and officials at the Truth and Reconciliation Commission of Canada, among others, The Sleeping Giant Awakens offers a unique and timely perspective on the prospects for conciliation after genocide, exploring the difficulties in moving forward in a context where many settlers know little of the residential schools and ongoing legacies of colonization and need to have a better conception of Indigenous rights. It provides a detailed analysis of how the TRC approached genocide in its deliberations and in its Final Report. Crucially, MacDonald engages critics who argue that the term genocide impedes understanding of the IRS system and imperils prospects for conciliation. By contrast, this book sees genocide recognition as an important basis for meaningful discussions of how to engage Indigenous-settler relations in respectful and proactive ways.
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.
Book Synopsis Amnesty, Serious Crimes and International Law by : Josepha Close
Download or read book Amnesty, Serious Crimes and International Law written by Josepha Close and published by Routledge. This book was released on 2019-05-16 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.
