the crime of destruction and the law of genocide their impact on collective memory international and comparative criminal justice

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The Crime Of Destruction And The Law Of Genocide

Author : Caroline Fournet
ISBN : 9781317037033
Genre : Law
File Size : 36. 48 MB
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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.

Genocide And Crimes Against Humanity

Author : Caroline Fournet
ISBN : 9781782250708
Genre : Law
File Size : 41. 7 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'.

The Contextual Elements Of The Crime Of Genocide

Author : Nasour Koursami
ISBN : 9789462652255
Genre : Law
File Size : 38. 97 MB
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This book examines the position of ‘contextual elements’ as a constitutive elementof the legal definition of the crime of genocide, and determines the extent to whichan 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 capturesthe nuance and the complex issues of the debate by providing a book-length comprehensiveexamination of the position of contextual elements in light of the evolution ofgenocide as a concept and the literal legal definition of the crime of genocide, whichexpressly characterized the crime with only the existence of an individualistic intentto destroy a group. With scholars of international criminal law, students, researchers, practitioners inthe field, and international criminal tribunals in mind, the author tackles many ofthe issues raised on the position of contextual elements in both academic literatureand judicial decisions. Nasour Koursami is the Director of Applied Research and a Lecturer at the NationalSchool of Administration in Chad. He studied law at Cardiff and Bristol Universitiesand holds a Ph.D. in International Law from the University of Edinburgh.

Annotated Leading Cases Of International Criminal Tribunals The International Criminal Tribunal For Rwanda 2005

Author : André Klip
ISBN : STANFORD:36105134444566
Genre : Arbitration (International law)
File Size : 55. 24 MB
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This 22nd volume of Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Tribunal for Rwanda in 2005. It includes the full text of the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 22)

Current Publications In Legal And Related Fields

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ISBN : STANFORD:36105064217131
Genre : Law
File Size : 46. 11 MB
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American Book Publishing Record

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ISBN : UOM:39015066180459
Genre : American literature
File Size : 73. 99 MB
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Annotated Leading Cases Of International Criminal Tribunals The International Criminal Tribunal For Rwanda 2003 2004

Author : André Klip
ISBN : 9050957986
Genre : Arbitration (International law)
File Size : 23. 64 MB
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This 17th volume of Annotated Leading Cases of International Criminal Tribunals contains the most important decisions of the International Criminal Tribunal for Rwanda from December 1, 2003 to January 22, 2004. It includes the most important decisions, identical to the original version, and includes concurring, separate, and dissenting opinions. In the book, distinguished experts in the field of international criminal law have commented on the decisions. (Series: Annotated Leading Cases of International Criminal Tribunals - Vol. 17)

The Fundamental Concept Of Crime In International Criminal Law

Author : Iryna Marchuk
ISBN : 9783642282461
Genre : Law
File Size : 22. 32 MB
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This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.

Active Complementarity

Author : Morten Bergsmo
ISBN : 8293081562
Genre : Complementarity (International law)
File Size : 70. 88 MB
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'Positive complementarity' has become a trendy term since the 2010 Kampala Review Conference. Little thought went into its definition when it was first coined in informal discussions at the International Criminal Court in 2003. 'Complementarity' in the Court's Statute is a passive admissibility threshold below which the Court will not investigate or prosecute. The process to construct national ability to investigate and prosecute core international crimes, on the other hand, requires tireless efforts by numerous international and national actors for many years to come. Democratizing the access to legal information should lie at the heart of such capacity building and knowledge-transfer. One way of reducing existing conditions of inequality faced by war crimes lawyers and investigators operating in different jurisdictions is to facilitate the direct access of national actors to legal sources and knowledge. This book seeks to make the existing capacity building discourse more practical, focused and real. It brings together contributions by persons with expertise in the practice of capacity building, the development and maintenance of tools that can be used to make knowledge-transfer more effective and sustainable, and international criminal law. The Legal Tools Project of the International Criminal Court - a technical platform that can be used by those who intend to strengthen capacity - is discussed in some detail.

Perpetrating Genocide

Author : Kjell Anderson
ISBN : 9781317234388
Genre : Political Science
File Size : 88. 52 MB
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Focusing on the relationship between the micro level of perpetrator motivation and the macro level normative discourse, this book offers an in-depth explanation for the perpetration of genocide. It is the first comparative criminological treatment of genocide drawn from original field research, based substantially on the author’s interviews with perpetrators and victims of genocide and mass atrocities, combined with wide-ranging secondary and archival sources. Topics covered include: perpetration in organizations, genocidal propaganda, the characteristics of perpetrators, decision-making in genocide, genocidal mobilization, coping with killing, perpetrator memory and trauma, moral rationalization, and transitional justice. An interdisciplinary and comparative analysis, this book utilizes scientific methods with the objective of gaining some degree of insight into the causes of genocide and genocide perpetration. It is argued that genocide is more than a mere intellectual abstraction – it is a crime with real consequences and real victims. Abstraction and objectivity may be intellectual ideals but they are not ideally humane; genocide is ultimately about the destruction of humanity. Thus, this book avoids presenting an overly abstract image of genocide, but rather grounds its analysis in interviews with victims and perpetrators of genocide in Rwanda, Burundi, Uganda, Bosnia, Cambodia, Bangladesh, and Iraq. This book will be highly useful to students and scholars with an interest in genocide and the causes of mass violence. It will also be of interest to policy-makers engaged with the issues of genocide and conflict prevention.

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