The Genocide Convention: An International Law Analysis

ISBN-13: 9781138264519 / Angielski / Miękka / 2016 / 320 str.

John Quigley

Opis

The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

Recenzje

'This thoroughly researched and eminently readable book is a must for anyone interested in the origin, meaning, or scope of genocide. Professor John Quigley, who served as an expert witness in the first-ever criminal prosecution charging genocide in Cambodia, provides a tour de force study of the Genocide Treaty, its application in various courts, and its deterrent value.' Professor Ved P. Nanda, University of Denver, USA 'With a masterful command of the authorities and the literature, in several languages, John Quigley weaves the complex fabric of the evolving law of genocide. What seemed simple only a decade ago is actually an unfolding story of great complexity, as Professor Quigley demonstrates so effectively.' Professor William A. Schabas, National University of Ireland, Galway, Ireland 'The Genocide Convention is a thoughtfully analyzed, meticulously researched contribution to the literature on genocide and an indispensable addition to the scholarship in this complex area. Professor Quigley brings his twenty-five years of extensive practical and academic experience in the law of genocide to bear on the most critical issues of defining and identifying genocide. His exploration of the utility of genocide as a tool in controlling today's atrocities is a necessary foundation for an informed understanding of why the law of genocide has failed to prevent the re-occurrence of this universally condemned crime.' Professor Linda A. Malone, William and Mary Law School, USA 'The author succinctly analyzes whether the existing law of genocide can realistically prevent mass atrocities.' American Society of International Law 'The book is practical and topical...may even be the leading text on the Genocide Convention. The author analyses every angle of the Genocide Convention, going beyond he Convention itself ...I believe that this book deserves to be on the shelves of every international lawyer...and is recommended reading for anyone who is keen to learn more about o

Spis treści

Contents: Preface; Outlawing Genocide: A crime without a name; The contours of genocide; Genocide in crime codes. Calling to Account: Prosecuting under a quasi-genocide statute; Prosecuting without a genocide statute; Prosecuting under a true genocide statute; Prosecuting in international courts; Suing in the world court. Genocide's Legal Environment: Ex post facto genocide; Treaty violation or crime; Genocide in customary law; The UN Security Council and genocide. Genocidal Intent: The acts of genocide; Genocide by killing; Destroying a group; Instant destruction; Intent without intent; The motives for genocide; The intent of others. The Victims of Genocide: The numbers game; Identifying a group; A group in the eye of the beholder; Genocide by mistake. The Scale of Genocide: Retail genocide; Wholesale genocide; Local genocide; Targeting important persons; Targeting political opponents. Techniques of Genocide; Ethnic cleansing and genocidal intent; Ethnic cleansing in the courts; Human habitat; Aerial genocide; Nuclear genocide. Genocide by a State: Opting out; The Convention's curious omission; States as criminals; States as perpetrators of genocide; Other routes to jurisdiction; States as intermeddlers; A legal interest in genocide; Compensation for victims. Why Genocide?: The World Court's power; The need for genocide; The power of domestic courts; The deterrent value of genocide; Appendix; Bibliography; Index.

O autorze

Professor Quigley is Presidents' Club Professor of Law at the Moritz College of Law, The Ohio State University, USA. He is active in international human rights work and his numerous publications include books and articles on human rights, the UN, war and peace, east European law, African law, and the Arab-Israeli conflict. Professor Quigley served as an expert witness on the law of genocide in the first criminal prosecution charging genocide as defined by the Convention on the Prevention and Punishment of the Crime of Genocide.