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 : 51. 66 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 : 72. 47 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 : 79. 90 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.

The Criminal Law Of Genocide

Author : Paul Behrens
ISBN : 9781317036968
Genre : Law
File Size : 42. 36 MB
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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.

Holocaust And Genocide Denial

Author : Paul Behrens
ISBN : 9781317204169
Genre : Law
File Size : 60. 49 MB
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This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian. Legal academics and practitioners as well as political scientists are faced with the difficulty of evaluating methods to deal with denial and must in this regard identify the limits of freedom of speech, but also the need to preserve the rights of victims. Beyond that, the question arises whether the law can ever be an effective option for dealing with revisionist statements and the revisionist movement. In this regard, Holocaust and Genocide Denial: A Contextual Perspective breaks new ground: exploring the background of revisionism, the specific methods devised by individual States to counter this phenomenon, and the rationale for their strategies. Bringing together authors whose expertise relates to the history of the Holocaust, genocide studies, international criminal law and social anthropology, the book offers insights into the history of revisionism and its varying contexts, but also provides a thought-provoking engagement with the challenging questions attached to its treatment in law and politics.

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 : 26. 31 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 : 26. 70 MB
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American Book Publishing Record

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ISBN : UOM:39015066180459
Genre : American literature
File Size : 27. 44 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 : 49. 4 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 : 88. 71 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.

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