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Reducing Genocide To Law

Author: Payam Akhavan
Publisher: Cambridge University Press
ISBN: 0521824419
Size: 66.81 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: 52.21 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.

International Criminal Law In Context

Author: Philipp Kastner
Publisher: Routledge
ISBN: 1317198999
Size: 56.30 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: 1782250697
Size: 73.61 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'.

Individual Criminal Responsibility In International Law

Author: Elies van Sliedregt
Publisher: Oxford University Press
ISBN: 0199560366
Size: 55.46 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.

The Oxford Handbook Of Genocide Studies

Author: Donald Bloxham
Publisher: OUP Oxford
ISBN: 0191613614
Size: 28.96 MB
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Genocide has scarred human societies since Antiquity. In the modern era, genocide has been a global phenomenon: from massacres in colonial America, Africa, and Australia to the Holocaust of European Jewry and mass death in Maoist China. In recent years, the discipline of 'genocide studies' has developed to offer analysis and comprehension. The Oxford Handbook of Genocide Studies is the first book to subject both genocide and the young discipline it has spawned to systematic, in-depth investigation. Thirty-four renowned experts study genocide through the ages by taking regional, thematic, and disciplinary-specific approaches. Chapters examine secessionist and political genocides in modern Asia. Others treat the violent dynamics of European colonialism in Africa, the complex ethnic geography of the Great Lakes region, and the structural instability of the continent's northern horn. South and North America receive detailed coverage, as do the Ottoman Empire, Nazi-occupied Europe, and post-communist Eastern Europe. Sustained attention is paid to themes like gender, memory, the state, culture, ethnic cleansing, military intervention, the United Nations, and prosecutions. The work is multi-disciplinary, featuring the work of historians, anthropologists, lawyers, political scientists, sociologists, and philosophers. Uniquely combining empirical reconstruction and conceptual analysis, this Handbook presents and analyses regions of genocide and the entire field of 'genocide studies' in one substantial volume.

Crime Of Genocide In International Law

Author: George William Mugwanya
Publisher: Cameron May, Limited
ISBN:
Size: 28.99 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

The Crime Of Aggression In International Criminal Law

Author: Sergey Sayapin
Publisher: Springer Science & Business Media
ISBN: 9067049271
Size: 40.30 MB
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Since after the Second World War, the crime of aggression is – along with genocide, crimes against humanity and war crimes – a “core crime” under international law. However, despite a formal recognition of aggression as a matter of international criminal law and the reinforcement of the international legal regulation of the use of force by States, numerous international armed conflicts occurred but no one was ever prosecuted for aggression since 1949. This book comprehensively analyses the historical development of the criminalisation of aggression, scrutinises in a detailed manner the relevant jurisprudence of the Nuremberg and Tokyo Tribunals as well as of the Nuremberg follow-up trials, and makes proposals for a more successful prosecution for aggression in the future. In identifying customary international law on the subject, the volume draws upon a wealth of applicable sources of national criminal law and puts forward a useful classification of States ́ legislative approaches towards the criminalisation of aggression at the national level. It also offers a detailed analysis of the current international legal regulation of the use of force and of the Rome Statute ́s substantive and procedural provisions pertaining to the exercise of the International Criminal Court ́s jurisdiction with respect to the crime of aggression, after 1 January 2017.