The Criminal Law of Genocide: International, Comparative and Contextual Aspects

ISBN-13: 9781138257238 / Angielski / Miękka / 2016 / 300 str.

Paul Behrens; Ralph Henham

Opis

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.

Recenzje

'The Criminal Law of Genocide is a provocative examination of genocide as both a legal and a social concept. Deeply interdisciplinary in its focus, this edited volume presents bold arguments from fresh voices and from seasoned experts.' Mark A. Drumbl, Washington and Lee University, USA 'A very stimulating collection of interdisciplinary study that is rare in the emerging field of International Criminal Justice. Its thoughtful analysis provides fresh insights into an issue that rightfully should not be left to be dealt with only by lawyers.' Stefan Kirsch, Rechtsanwalt and Counsel before the ICTY and ICTR, Germany 'No library collection on human rights and/or genocide would be complete without this contemporary, well-conceived, and authoritative assessment of the many faces of genocide.' American Society of International Law Newsletter 'The chapters cover a remarkable variety of areas, touching upon difficult - and in some cases quite fascinating - issues addressed by or likely to be addressed by international judicial bodies. This book represents a diverse and topical collection of essays on genocide of value to the student of the law, as well as to students of politics.' Law & Politics Book Review 'The Criminal Law of Genocide: International, Comparative and Contextual Aspects provides a thorough approach to the study of genocide; it's inter-disciplinary analyses help inform the reader of not only the legal, but also the political, historical, social and cultural aspects that have underpinned the crime. The book will therefore appeal to not only legal practitioners but also to policy-makers, historians, academics and scholars.' Commonwealth Law Bulletin

Spis treści

Contents: Preface. Part I Historical Perspectives: The Armenian Genocide: a contextual view of the crime and politics of denial, Raffi Sarkissan; Armenian genocide claims: a contextual version of the 1915 events, Sadi Cayci; Genocide and Nuremberg, Henry T. King Jr. Part II Case Studies: Has genocide been committed in Darfur? The state plan or policy element in the crime of genocide, William A. Schabas; Sudan, the United States and the International Criminal Court: a tense triumvirate in transitional justice for Darfur, Zachary D. Kaufman; The major powers and the genocide in Rwanda, Roméo Dallaire and Kishan Manocha. Part III Aspects of the Crime: The schism between the legal and the social concept of genocide in light of the responsibility to protect, Larissa van den Herik; Is the emerging jurisprudence on complicity in genocide before the international ad hoc tribunals a moving target in conflict with the principle of legality?, Michael G. Karnavas; Telling stories and hearing truths: providing an effective remedy to genocidal sexual violence against women, Fiona de Londras; A moment of kindness? Consistency and genocidal intent, Paul Behrens; Freedom of speech vs. hate speech. The jurisdiction of 'direct and public incitement to commit genocide', Tonja Salomon. Part IV International and Domestic Prosecution of Genocide: The prohibition of genocide under the legal instruments of the International Criminal Court, Tuiloma Neroni Slade; ICC investigations and a hierarchy of referrals: has genocide in Darfur been predetermined?, Chris Gallavin; Specificity of indictments in ICTR genocide trials, Paul Ng'arua; Cambodia's extraordinary chamber: is it the most effective and appropriate means of addressing the crimes of the Khmer Rouge?, Alex Bates; The prosecution of genocide - in search of a European perspective, Jan Wouters and Sten Verhoeven; Reflection on the separation of powers: the law of genocide and the symptomatic French paradox, Caroline Fournet. Part V Pr

O autorze

Ralph Henham is Professor of Criminal Justice at Nottingham Law School, Nottingham Trent University, UK. Paul Behrens is at the University of Leicester, UK