A Collective Theory Of Genocidal Intent

Author : Sangkul Kim
Publisher : Springer
ISBN 13 : 946265123X
Total Pages : 235 pages
Book Rating : 4.34/5 ( download)

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Download or read book A Collective Theory of Genocidal Intent written by Sangkul Kim and published by Springer. This book was released on 2016-05-24 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tackling one of the most confusing and controversial issues in the field of international criminal law — i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the ‘conduct level’ and ‘context level’, it detects the genocidal intent element at the ‘context level’. The genocidal intent found in this manner belongs to a collective, which significantly departs from the prior individualistic understandings of the notion of genocidal intent. The author argues that the crime of genocide is not a ‘crime of mens rea’. Collective genocidal intent at the ‘context level’ operates in a way that renders the crime of genocide itself a criminal enterprise. The idea of genocide as a criminal enterprise also suggests that genocide is a leadership crime in respect of which only the high-level actors can be labeled as principals (as opposed to accessories). The book criticizes the dominant individualistic approaches to genocidal intent (in particular: the knowledge-based approach) which have thus far governed the relevant jurisprudential and academic analysis. It further demonstrates that the hidden notion of ‘collective genocide’ silently governs the relevant international jurisprudence. Practitioners and academics in the field of international criminal law and related disciplines will find in this book a new approach to the crime of genocide. The text is the first-ever book-length exposition of a collective account of genocidal intent. Its accessibility is highly enhanced by relevant footnotes.Sangkul Kim is Lecturer at Korea University in Seoul and Research Fellow with the Centre for International Law Research and Policy (CILRAP).He served as Associate Legal Adviser at the Office of the Prosecutor of the International Criminal Court (2004-2008). He earned law degrees from Korea University and Georgetown University Law Center.

Author : Sangkul Kim
Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8283480383
Total Pages : 4 pages
Book Rating : 4.82/5 ( download)

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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:

Author : Caroline Fournet
Publisher : Routledge
ISBN 13 : 1317037022
Total Pages : 232 pages
Book Rating : 4.26/5 ( download)

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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.

Author : Tilman Rodenhäuser
Publisher : Oxford University Press
ISBN 13 : 0198821948
Total Pages : 401 pages
Book Rating : 4.46/5 ( download)

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Download or read book Organizing Rebellion written by Tilman Rodenhäuser and published by Oxford University Press. This book was released on 2018 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: As non-state actors proliferate both in number and variety, the time is ripe for an explication of what obligations armed groups are under. Ground-breaking in examining humanitarian, human rights, and criminal law, Rodenhauser analyses groups ranging from gangs to cyber criminals to ask when organisations become culpable under international law.

Author : Jason J. Campbell
Publisher : Lexington Books
ISBN 13 : 0739178474
Total Pages : 176 pages
Book Rating : 4.78/5 ( download)

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Download or read book On the Nature of Genocidal Intent written by Jason J. Campbell and published by Lexington Books. This book was released on 2012-10-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Paul Behrens
Publisher : Routledge
ISBN 13 : 1136168559
Total Pages : 310 pages
Book Rating : 4.50/5 ( download)

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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.

Author : Onur Uraz
Publisher : Taylor & Francis
ISBN 13 : 1000628566
Total Pages : 272 pages
Book Rating : 4.62/5 ( download)

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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.

Author : Berel Lang
Publisher : University of Pennsylvania Press
ISBN 13 : 0812248856
Total Pages : 224 pages
Book Rating : 4.52/5 ( download)

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Download or read book Genocide written by Berel Lang and published by University of Pennsylvania Press. This book was released on 2017 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Carsten Stahn
Publisher : Cambridge University Press
ISBN 13 : 1108423205
Total Pages : 467 pages
Book Rating : 4.05/5 ( download)

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Download or read book A Critical Introduction to International Criminal Law written by Carsten Stahn and published by Cambridge University Press. This book was released on 2019 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.

Author : Randle C. DeFalco
Publisher : Cambridge University Press
ISBN 13 : 1108487416
Total Pages : 313 pages
Book Rating : 4.12/5 ( download)

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Download or read book Invisible Atrocities written by Randle C. DeFalco and published by Cambridge University Press. This book was released on 2022-03-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.