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This book studies the pivotal obligation to prevent genocide under international law and more particularly the extent of that obligation under the Genocide Convention and customary international law. The author puts forward a distinction between primary, secondary and tertiary levels of prevention.
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The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (“Genocide Convention”) has a special standing in international law, as well as in 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 at the International Criminal Court described the Genocide Convention as a ‘visionary and founding text for the Court’. The Convention has 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 international criminal law, 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 since the 1990s. In this work the provisions of the Convention are analysed article-by-article, including abundant practice and jurisprudence. Distinct sections on cross-cutting issues of general importance complement the analysis
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The twentieth century has been called, not inaccurately, a century of genocide. And the beginning of the twenty-first century has seen little change, with genocidal violence in Darfur, Congo, Sri Lanka, and Syria. Why is genocide so widespread, and so difficult to stop, across societies that differ so much culturally, technologically, and politically? That is the question that this collection addresses, offering a range of perspectives from different disciplines to attempt to understand the pervasiveness of genocidal violence.
Genocide. --- Genocide (International law) --- Cleansing, Ethnic --- Ethnic cleansing --- Ethnic purification --- Ethnocide --- Purification, Ethnic --- International criminal law --- Crime --- Genocide
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In The Crime of Genocide Then and Now; Evolution of a Crime, the editors Pavel Šturma and Milan Lipovský submit an analysis of the readiness of the definition of genocide to the world of 21st century. In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice. This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.
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When and how might the term genocide appropriately be ascribed to the experience of North American Indigenous nations under settler colonialism? Laurelyn Whitt and Alan W. Clarke contend that, if certain events which occurred during the colonization of North America were to take place today, they could be prosecuted as genocide. The legal methodology that the authors develop to establish this draws upon the definition of genocide as presented in the United Nations Genocide Convention and enhanced by subsequent decisions in international legal fora. Focusing on early British colonization, the authors apply this methodology to two historical cases: that of the Beothuk Nation from 1500-1830, and of the Powhatan Tsenacommacah from 1607-77. North American Genocides concludes with a critique of the Conventional account of genocide, suggesting how it might evolve beyond its limitations to embrace the role of cultural destruction in undermining the viability of human groups.
Genocide (International law) --- Genocide --- Indians of North America --- Cleansing, Ethnic --- Ethnic cleansing --- Ethnic purification --- Ethnocide --- Purification, Ethnic --- Crime --- International criminal law --- History. --- Crimes against.
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At the time of drafting the UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), the drafters were hopeful that the document will be the response needed to ensure that the world would never again witness such atrocities as committed by the Nazi regime. While, arguably, there has been no such great loss of human lives as during WWII, genocidal incidents have and still take place. After WWII, we have witnessed the genocides in Cambodia, Rwanda, Bosnia, Darfur, to name only a few. The responses to these atrocities have always been inadequate. Every time the world leaders would come together to renew their promise of Never Again. However, the promise has never materialised. In 2014, Daesh unleashed genocide against religious minorities in Syria and Iraq. Before the world managed to shake off from the atrocities, in 2016, the Burmese military launched a genocidal campaign against the Rohingya Muslims in Myanmar. This was followed by reports of ever-growing atrocities against Christian minorities in Nigeria. Without waiting too long, in 2018, China proceeded with its genocidal campaign against the Uyghur Muslims. In 2020, the Tigrayans became the victims of ethnic targeting. Five cases of mass atrocities that, in the space of just five years, all easily meet the legal definition of genocide. Again, the response that followed each case has been inadequate and unable to make a difference to the targeted communities. This legacy does not give much hope for the future. The question that this books hopes to address is what needs to change to ensure that we are better equipped to address genocide and prevent the crime in the future. Ewelina U. Ochab is a lawyer, human rights advocate, author and co-founder of the Coalition for Genocide Response, and gained her PhD in International Law, Medical Law, and Medical Ethics from Kent Law School, UK. David Alton, (Lord Alton of Liverpool) was a Member of the House of Commons for 18 years and in 1997 he was appointed a Life Peer. In 2021, he piloted the Genocide Amendment to the Trade Act through the UK Parliament. In 1997, he was appointed Professor of Citizenship at Liverpool John Moores University, UK, and in 2017 he was appointed as a Visiting Professor at Liverpool Hope University, UK
Genocide --- Genocide intervention --- Genocide (International law) --- History --- Humanitarian intervention --- Cleansing, Ethnic --- Ethnic cleansing --- Ethnic purification --- Ethnocide --- Purification, Ethnic --- Crime --- International criminal law --- Genocide intervention. --- History.
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This work examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the 'crime of crimes' under both international law and in popular discourse.
Genocide (International law) --- International criminal law. --- Holocaust, Jewish (1939-1945) --- World War, 1939-1945 --- Influence. --- Law and legislation. --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- International criminal law
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Raphaël Lemkin (1900-1959) coined the word "genocide" in the winter of 1942 and led a movement in the United Nations to outlaw the crime, setting his sights on reimagining human rights institutions and humanitarian law after World War II. After the UN adopted the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, Lemkin slipped into obscurity, and within a few short years many of the same governments that had agreed to outlaw genocide and draft a Universal Declaration of Human Rights tried to undermine these principles.This intellectual biography of one of the twentieth century's most influential theorists and human rights figures sheds new light on the origins of the concept and word "genocide," contextualizing Lemkin's intellectual development in interwar Poland and exploring the evolving connection between his philosophical writings, juridical works, and politics over the following decades. The book presents Lemkin's childhood experience of anti-Jewish violence in imperial Russia; his youthful arguments to expand the laws of war to protect people from their own governments; his early scholarship on Soviet criminal law and nationalities violence; his work in the 1930s to advance a rights-based approach to international law; his efforts in the 1940s to outlaw genocide; and his forays in the 1950s into a social-scientific and historical study of genocide, which he left unfinished.Revealing what the word "genocide" meant to people in the wake of World War II—as the USSR and Western powers sought to undermine the Genocide Convention at the UN, while delegations from small states and former colonies became the strongest supporters of Lemkin's law—Raphaël Lemkin and the Concept of Genocide examines how the meaning of genocide changed over the decades and highlights the relevance of Lemkin's thought to our own time.
Genocide. --- Genocide (International law) --- International law and human rights. --- Lemkin, Raphael, --- Convention on the Prevention and Punishment of the Crime of Genocide --- Autobiography. --- Biography. --- Human Rights. --- Law. --- Political Science.
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Theme1: Droit - Droit international et étranger - Droit étranger Theme2: Résumé: Quelle est la conception de la justice pénale véhiculée dans cette "mondialisation" du droit pénal, modèle sur lequel se cristallisent les espoirs, aussi nombreux que différents ? Devant les meurtres collectifs, matérialisation de l'abolition du principe de la limite, quelles sont les réponses de la justice pénale internationale ? Cet ouvrage propose une nouvelle lecture des crimes contre l'humanité et des génocides. L'analyse criminologique des pratiques meurtrières révèle non seulement la manipulation des tabous du meurtre, de l'inceste et du cannibalisme mais également un agir génocidaire qui remet en question les fondements de la normativité des communautés humaines sur des valeurs éthiques. Face aux dits et non-dits des meurtres collectifs, la justice pénale internationale reproduit une rationalité imperméable à l'abolition du principe même de limites et de perpétuation des sociétés. Cet essai est une invitation à penser d'autres espaces de justice pouvant considérer d'une part les visions endogènes d'une justice territorialisée et d'autre part l'effondrement d'une perception de l'Humanité dévoilés par les meurtres collectifs et politiques. Maître de conférences à l'Université Paris Ouest Nanterre La Défense, enseignant également au Laboratoire d'Anthropologie Juridique de Paris (Université Paris I Panthéon-Sorbonne), professeure invitée à l'école de criminologie de l'Université de Lubumbashi en République Démocratique du Congo depuis 2006, Sara Liwerant est actuellement conseillère du Ministre de la Justice et des Droits Humains de la République Démocratique du Congo. Pénaliste, criminologue et anthropologue du droit et de la justice, elle a été rédactrice en chef de la Revue Droit et Cultures. Ses nombreuses publications portent sur les meurtres collectifs, la justice pénale internationale et le milieu carcéral. En effet, l'auteure a travaillé dans les prisons françaises, au Pérou sur la justice transitionnelle et à Brazzaville avec des acteurs de la guerre civile.
Human rights --- Criminal law. Criminal procedure --- Genocide (International law) --- Genocide --- Crimes against humanity --- Mass murder --- Génocide --- Crimes contre l'humanité --- Meurtre multiple --- Sociological aspects --- Droit international --- Aspect sociologique --- EPUB-ALPHA-C EPUB-LIV-FT LIVDROIT STRADA-B --- Trials (Genocide) --- E-books --- Crimes contre l'humanité --- Criminologie --- Droit humanitaire --- Génocide
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