On The Nature Of Genocidal Intent
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| Author | : Jason J. Campbell |
| Publisher | : Lexington Books |
| Total Pages | : 176 |
| Release | : 2012-10-04 |
| Genre | : Philosophy |
| ISBN | : 0739178474 |
Campbell offers a conceptual look into the nature of genocidal intent, systematically analyzing the conceptual and logical structures for genocidal intent, and discussing its theoretical foundations. The analysis offers particular insight into the process of operationalizing genocide and mass extermination. The investigation includes discussion of the roles orchestrators play and the systematic development of a genocidal strategy, which requires the intent to purge pre-selected demographic identifiers from the population. Cambell also analyzes in detail the dynamic process of generational conflict, wherein former perpetrators become victims and victims become perpetrators.
| Author | : Paola Gaeta |
| Publisher | : |
| Total Pages | : 616 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 0199570213 |
The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future. "
| Author | : Linda Melvern |
| Publisher | : Verso Books |
| Total Pages | : 329 |
| Release | : 2020-02-25 |
| Genre | : Political Science |
| ISBN | : 1788733304 |
It is twenty-five years since the 1994 genocide of the Tutsi of Rwanda when in the course of three terrible months more than 1 million people were murdered. In the intervening years a pernicious campaign has been waged by the perpetrators to deny this crime, with attempts to falsify history and blame the victims for their fate. Facts are reversed, fake news promulgated, and phoney science given credence. Intent to Deceive tells the story of this campaign of genocide denial from its origins with those who planned the massacres. With unprecedented access to government archives including in Rwanda Linda Melvern explains how, from the moment the killers seized the power of the state, they determined to distort reality of events. Disinformation was an integral part of their genocidal conspiracy. The gnocidaires and their supporters continue to peddle falsehoods. These masters of deceit have found new and receptive audiences, have fooled gullible journalists and unwary academics. With their seemingly sound research methods, the Rwandan gnocidaires continue to pose a threat, especially to those who might not be aware of the true nature of their crime. The book is a testament to the survivors who still live the horrors of the past. Denial causes them the gravest offence and ensures that the crime continues. This is a call for justice that remains perpetually delayed.
| Author | : Paul Behrens |
| Publisher | : Routledge |
| Total Pages | : 310 |
| Release | : 2013-05-07 |
| Genre | : Law |
| ISBN | : 1136168559 |
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.
| Author | : Martin Shaw |
| Publisher | : John Wiley & Sons |
| Total Pages | : 209 |
| Release | : 2013-04-26 |
| Genre | : Political Science |
| ISBN | : 0745657516 |
In this intellectually and politically potent new book, Martin Shaw proposes a way through the confusion surrounding the idea of genocide. He considers the origins and development of the concept and its relationships to other forms of political violence. Offering a radical critique of the existing literature on genocide, Shaw argues that what distinguishes genocide from more legitimate warfare is that the enemies targeted are groups and individuals of a civilian character. He vividly illustrates his argument from a wide range of historical episodes, and shows how the question 'What is genocide?' matters politically whenever populations are threatened by violence. This compelling book will undoubtedly open up vigorous debate, appealing to students and scholars across the social sciences and in law. Shaw's arguments will be of lasting importance.
| Author | : Tilman Rodenhäuser |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2018 |
| Genre | : History |
| ISBN | : 0198821948 |
The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.
| Author | : Lal Chand Vohrah |
| Publisher | : BRILL |
| Total Pages | : 1060 |
| Release | : 2021-10-18 |
| Genre | : Law |
| ISBN | : 9004479090 |
This volume contains a unique collection of essays on various aspects of current interest within the field of public international law, international criminal law, human rights and humanitarian law. The wide range and topicality of the issues covered bears witness to the vast professional experience of Antonio Cassese, the first President of the ICTY, in whose honour this collection has been compiled, and to the many fields of scholarship in which he has left a permanent mark. Written by a selection of renowned academics and practitioners, Man’s Inhumanity to Man offers the reader thought-provoking discussion on the International Criminal Court, the ICTY and International Criminal Tribunal for Rwanda and other aspects of international criminal justice; on truth commissions and amnesties in the aftermath of armed conflicts; on military humanitarian intervention and the development of human rights protection.
| Author | : John Heieck |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 261 |
| Release | : 2018-09-28 |
| Genre | : History |
| ISBN | : 1788117719 |
This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.
| Author | : Berel Lang |
| Publisher | : University of Pennsylvania Press |
| Total Pages | : 224 |
| Release | : 2017 |
| Genre | : Philosophy |
| ISBN | : 0812248856 |
Berel Lang's Genocide: The Act as Idea analyzes and defends the distinctiveness of the concept of genocide as a notable advance in the history of moral and political thinking and practice.
| Author | : Nasour Koursami |
| Publisher | : Springer |
| Total Pages | : 243 |
| Release | : 2018-02-10 |
| Genre | : Law |
| ISBN | : 9462652252 |
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.
