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Reducing Genocide To Law

Author: Payam Akhavan
Publisher: Cambridge University Press
ISBN: 0521824419
Size: 58.40 MB
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Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?

The Genocide Convention

Author: John Quigley
Publisher: Routledge
ISBN: 1317030737
Size: 52.30 MB
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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.

Crime Of Genocide In International Law

Author: George William Mugwanya
Publisher: Cameron May, Limited
Size: 24.96 MB
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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

Individual Criminal Responsibility In International Law

Author: Elies van Sliedregt
Publisher: Oxford University Press
ISBN: 0199560366
Size: 51.68 MB
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Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.

International Criminal Law In Context

Author: Philipp Kastner
Publisher: Routledge
ISBN: 1317198999
Size: 63.68 MB
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International Criminal Law in Context provides a critical and contextual introduction to the fundamentals of international criminal law. It goes beyond a doctrinal analysis focused on the practice of international tribunals to draw on a variety of perspectives, capturing the complex processes of internationalisation that criminal law has experienced over the past few decades. The book considers international criminal law in context and seeks to account for the political and cultural factors that have influenced – and that continue to influence – this still-emerging body of law. Considering the substance, procedures, objectives, justifications and impacts of international criminal law, it addresses such topics as: • the history of international criminal law; • the subjects of international criminal law; • transitional justice and international criminal justice; • genocide, crimes against humanity, war crimes and the crime of aggression; • sexual and gender-based crimes; • international and hybrid criminal tribunals; • sentencing under international criminal law; and • the role of victims in international criminal procedure. The book will appeal to those who want to study international criminal law in a critical and contextualised way. Presenting original research, it will also be of interest to scholars and practitioners already familiar with the main legal and policy issues relating to this body of law.

Genocide And Crimes Against Humanity

Author: Caroline Fournet
Publisher: Bloomsbury Publishing
ISBN: 1782250700
Size: 79.19 MB
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This book explores the ambiguities of the French law of genocide by exposing the inexplicable dichotomy between a progressive theory and an overly conservative practice. Based on the observation that the crime of genocide has remained absent from French courtrooms to the benefit of crimes against humanity, this research dissects the reasons for this absence, reviewing and analysing the potential legal obstacles to the judicial use of the law of genocide before contemplating the definitional impact of this judicial reluctance and the consequent confusion between the two crimes. Whilst it uses the French law of genocide and related case law on crimes against humanity as its focal points, the book further adopts a more general standpoint, suggesting that the French misunderstandings of the crime of genocide might ultimately be symptomatic of a more widespread misconception of the crime of genocide as a crime perpetrated against 'a group'.

An Introduction To The International Criminal Court

Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 131688323X
Size: 39.44 MB
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The International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.

Prevention Of Genocide Under International Law

Author: Etienne Ruvebana
Publisher: Intersentia Uitgevers N V
ISBN: 9781780682730
Size: 27.28 MB
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Genocide is 'the crime of crimes' which shocks the conscience of mankind the most because of the unspeakable damage and pain it causes. This book studies the obligation to prevent genocide under international law and, more particularly, the extent of that obligation under the Genocide Convention and customary international law. Although, this obligation is recognized in public international law, the issue of what this obligation actually entails has not received much attention in scholarly works, nor in practice. Even recent debates focused on intervention at the stage where genocide is about to be committed or is being committed, ignoring prevention at early stages. Yet, such early prevention is pivotal in order to effectively reduce the risk of genocide. Drawing upon, inter alia, the 2007 genocide judgment of the International Court of Justice, this book puts forward a distinction between primary, secondary, and tertiary levels of prevention of genocide. Within this temporal structure, the book analyzes and applies the obligation to prevent genocide by States and the United Nations. This leads to a clarification of that legal obligation by filling it with concrete international legal measures to be taken by both States and the UN at each level, and by suggesting improvements, which include the creation of national and international institutions to actively promote and monitor the prevention of genocide. *** Etienne Ruvebana has been awarded the Max van der Stoel Human Rights Award 2014 for this book. (Series: School of Human Rights Research - Vol. 66) [Subject: Public International Law, Human Rights Law]