Reducing Genocide To Law

Author : Payam Akhavan
Publisher : Cambridge University Press
ISBN 13 : 0521824419
Total Pages : 211 pages
Book Rating : 4.15/5 ( download)

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Download or read book Reducing Genocide to Law written by Payam Akhavan and published by Cambridge University Press. This book was released on 2012-01-26 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?

Author : Payam Akhavan
Publisher :
ISBN 13 : 9781139223898
Total Pages : 191 pages
Book Rating : 4.95/5 ( download)

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Download or read book Reducing Genocide to Law written by Payam Akhavan and published by . This book was released on 2014-05-14 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Could the prevailing view that genocide is the ultimate crime be wrong? Is it possible that it is actually on an equal footing with war crimes and crimes against humanity? Is the power of the word genocide derived from something other than jurisprudence? And why should a hierarchical abstraction assume such importance in conferring meaning on suffering and injustice? Could reducing a reality that is beyond reason and words into a fixed category undermine the very progress and justice that such labelling purports to achieve? For some, these questions may border on the international law equivalent of blasphemy. This original and daring book, written by a renowned scholar and practitioner who was the first Legal Advisor to the UN Prosecutor at The Hague, is a probing reflection on empathy and our faith in global justice.

Author : Paul Behrens
Publisher : Routledge
ISBN 13 : 1317036964
Total Pages : 328 pages
Book Rating : 4.68/5 ( download)

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Download or read book The Criminal Law of Genocide written by Paul Behrens and published by Routledge. This book was released on 2016-03-16 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.

Author : William A. Schabas
Publisher :
ISBN 13 :
Total Pages : 624 pages
Book Rating : 4.24/5 ( download)

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Download or read book Genocide in international law written by William A. Schabas and published by . This book was released on 2000 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Nasour Koursami
Publisher : Springer
ISBN 13 : 9462652252
Total Pages : 236 pages
Book Rating : 4.55/5 ( download)

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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 236 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 : Christian Tams
Publisher : Bloomsbury Publishing
ISBN 13 : 1849467587
Total Pages : 612 pages
Book Rating : 4.82/5 ( download)

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Download or read book Convention on the Prevention and Punishment of the Crime of Genocide, written by Christian Tams and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) has a special standing in international law and international politics. For 60 years, the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the 'crime of crimes'. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that 'genocide is the ultimate form of discrimination'. In the same context the chief prosecutor of the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has as such influenced the subsequent development of many different areas of international law. For example, the 1951 Advisory Opinion on the Genocide Convention enabled the International Court of Justice to shape the modern regime of reservations to treaties. More recently, the prohibition against genocide has become a crucial pillar of the regime of international criminal law developing since the 1990s, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia and the permanent International Criminal Court.In this work the 19 provisions of the Convention are analysed article-by-article, with abundant references to state practice and case law.

Author : Onur Uraz
Publisher :
ISBN 13 : 9781032132464
Total Pages : 0 pages
Book Rating : 4.69/5 ( download)

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Download or read book Classifying Genocide in International Law written by Onur Uraz and published by . This book was released on 2023 with total page 0 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 : Malcolm N. Shaw
Publisher : Cambridge University Press
ISBN 13 : 1107188474
Total Pages : 1123 pages
Book Rating : 4.71/5 ( download)

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Download or read book International Law written by Malcolm N. Shaw and published by Cambridge University Press. This book was released on 2017-09-14 with total page 1123 pages. Available in PDF, EPUB and Kindle. Book excerpt: The definitive and authoritative international law text, updated to reflect key case law, international practice and treaty developments.

Author : Alastair Davidson
Publisher : Springer
ISBN 13 : 9783319359816
Total Pages : 216 pages
Book Rating : 4.19/5 ( download)

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Download or read book Migration in the Age of Genocide written by Alastair Davidson and published by Springer. This book was released on 2016-10-22 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a novel proposal for establishing justice and social harmony in the aftermath of genocide. It argues that justice should be determined by the victims of genocide rather than a detached legal system, since such a form of justice is more consistent with a socially grounded ethics, with a democracy that privileges citizen decision-making, and with human rights. The book covers the Holocaust; genocides in Argentina, South Africa, Rwanda, Latin America, and Australia, as well as crimes against humanity in Italy and France. From show trials to state- enforced forgiveness, the book examines various methods that have been used since 1945 to punish the individuals and groups responsible for genocide and how they have ultimately failed to deliver true justice to the victims. The only way to end this failure, the book points out, is to return justice to the victims. This simple proposition; however, challenges the Enlightenment tradition of Western law which was built on the refusal to allow victims to determine the measure of justice. That would amount, according to Bacon, Hegel, and Kant to a revenge system and bring social chaos. But, as this book points out, forgiveness is only something victims can give, no-one can demand it. In order to establish a lasting peace, it is necessary to re-examine the philosophical and theoretical refusal to return justice to the victims. The engaging argument put forth in this book can help deliver true justice and re-establish international social harmony in the aftermath of genocide. Genocide is ubiquitous in the modern, global world. It's understanding is highly relevant for the understanding of specific and perpetuating challenges in migration. Genocide forces the migration of millions to avoid crimes against humanity. When they flee war zones they bring their fears, hates, and misery with them. So migration research must engage fully with the experience of genocide, its human conseque nces and the ethical dilemmas it poses to all societies. Not to do so, will make it more difficult to understand and live with newcomers and to achieve some sort of harmony in host countries, as well as those which are centers of genocide.

Author : Warren Freedman
Publisher : William s Hein & Company
ISBN 13 : 9780899417950
Total Pages : 210 pages
Book Rating : 4.57/5 ( download)

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Download or read book Genocide written by Warren Freedman and published by William s Hein & Company. This book was released on 1992 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: A treatise of the Nazi beastialities & the crime of Genocide during World War II. The author being an active member of the Jewish community of many cities has become immersed in the Holocaust & Genocide. His views on the heinous crime of Genocide are clearly enunciated in this work.