Genocide in International Law

The Crime of Crimes
Author: William A. Schabas,William Schabas
Publisher: Cambridge University Press
ISBN: 0521883970
Category: Law
Page: 741
View: 1565

Continue Reading →

Previous edition, 1st, published in 2000.

Genocide in International Law

The Crimes of Crimes
Author: William Schabas
Publisher: Cambridge University Press
ISBN: 9780521787901
Category: Law
Page: 624
View: 8588

Continue Reading →

The 1948 Genocide Convention has suddenly become a vital legal tool in the international campaign against impunity. The succinct provisions of the Convention are now being interpreted in important judgements by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and a growing number of domestic courts. In this definitive work William A. Schabas focuses on the judicial interpretation of the Convention, debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations, and the growing body of case law. Detailed attention is given to the concept of protected groups, to the quantitative dimension of genocide, to problems of criminal prosecution including defenses and complicity, and to issues of international judicial cooperations such as extradition. He also explores the duty to prevent genocide, and the consequences this may have on the emerging law of humanitarian intervention.

Genozid im Völkerrecht

Author: William A. Schabas
Publisher: N.A
ISBN: 9783930908882
Category: Convention on the Prevention and Punishment of the Crime of Genocide
Page: 792
View: 9103

Continue Reading →

The Genocide Convention

An International Law Analysis
Author: John Quigley
Publisher: Routledge
ISBN: 1317030737
Category: Political Science
Page: 320
View: 1496

Continue Reading →

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.


der "uneindeutige" Genozid
Author: Gérard Prunier
Publisher: N.A
ISBN: 9783936096668
Page: 274
View: 693

Continue Reading →

An Introduction to the International Criminal Court

Author: William A. Schabas
Publisher: Cambridge University Press
ISBN: 110713370X
Category: Law
Page: 604
View: 3929

Continue Reading →

The International Criminal Court ushered in a new era in the protection of human rights. The Court prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression when national justice systems are either unwilling or unable to do so themselves. This fifth edition of the seminal text describes a Court which is no longer in its infancy; the Court is currently examining situations that involve more than twenty countries in every continent of the planet. This book considers the difficulties in the Court's troubled relationship with Africa, the vagaries of the position of the United States, and the challenges the Court may face as it confronts conflicts around the world. It also reviews the history of international criminal prosecution and the Rome Statute. Written by a leading commentator, it is an authoritative and up-to-date introduction to the legal issues involved in the creation and operation of the Court.

Eichmann in Jerusalem

Ein Bericht von der Banalität des Bösen
Author: Hannah Arendt
Publisher: Piper Verlag
ISBN: 3492962580
Category: Language Arts & Disciplines
Page: 448
View: 2907

Continue Reading →

Der ehemalige SS-Obersturmbannführer Adolf Eichmann gilt als einer der Hauptverantwortlichen für die »Endlösung« der Juden in Europa. Der Prozess gegen ihn fand 1961 in Jerusalem statt. Hannah Arendts Prozessbericht wurde von ihr 1964 als Buch publiziert und brachte eine Lawine ins Rollen: Es stieß bei seinem Erscheinen auf heftige Ablehnung in Israel, Deutschland und in den USA– und wurde zu einem Klassiker wie kaum ein anderes vergleichbares Werk zur Zeitgeschichte und ihrer Deutung.

The UN Genocide Convention

A Commentary
Author: Paola Gaeta
Publisher: Oxford University Press, USA
ISBN: 0199570213
Category: Law
Page: 580
View: 9554

Continue Reading →

The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future.

Complicity in International Law

Author: Miles Jackson
Publisher: OUP Oxford
ISBN: 0191056758
Category: Law
Page: 272
View: 5163

Continue Reading →

This book examines how international law prohibits state and individual complicity. Complicity is a derivative form of responsibility that links an accomplice to the wrongdoing of a principal actor. Whenever a legal system prohibits complicity, it must address certain questions as to the content and structure of the rules. To understand how international law answers these questions, this book proposes an analytical framework in which complicity rules may be assessed and defends a normative claim as to how they should be structured. Anchored by this framework and normative claim, this book shows that international criminal law regulates individual complicity in a comprehensive way, using the doctrines of instigation and aiding and abetting to inculpate complicit participants in international crimes. By contrast, international law's regulation of state complicity was historically marked by an absence of complicity rules. This is changing. In respect of state complicity in the wrongdoing of another state, international law now imposes both specific and general complicity obligations, the latter prohibiting states from aiding or assisting another state in the commission of any internationally wrongful act. In respect of the ways that states participate in harms caused by non-state actors, the traditional normative structure of international law, which imposed obligations only on states, foreclosed the possibility of prohibiting the state's participation as a form of complicity. As that traditional normative structure has evolved, so the possibility of holding states responsible for complicity in the wrongdoing of non-state actors has emerged. More and more, both the wrongs that international actors commit, and the wrongs they help or encourage others to commit, matter.

Die Konkurrenz der Opfer

Genozid, Identität und Anerkennung
Author: Jean-Michel Chaumont
Publisher: N.A
ISBN: 9783934920057
Category: Genocide
Page: 359
View: 8343

Continue Reading →

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy
Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff
Publisher: OUP Oxford
ISBN: 0191018678
Category: Political Science
Page: 536
View: 742

Continue Reading →

This book explores the promises and limitations of holding individuals accountable for violations of international human rights and humanitarian law. It analyses the principal crimes under international law, such as genocide, crimes against humanity, and war crimes, and appraises both prosecutorial and other key mechanisms developed to bring individuals to justice. After applying their conclusions in a detailed case study, the authors offer a series of compelling conclusions on the prospects for accountability. This fully updated new edition contains expanded coverage of national trials under universal jurisdiction, international criminal tribunals including the International Criminal Court, new hybrid tribunals in Cambodia and elsewhere, truth commissions, and lustration. It also explores individual accountability for terrorist acts and for abuses committed in the name of counter-terrorism policy.

Human Rights

Between Idealism and Realism
Author: Christian Tomuschat
Publisher: OUP Oxford
ISBN: 0191506699
Category: Political Science
Page: 512
View: 6038

Continue Reading →

This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

International Criminal Law

Sources, Subjects and Contents
Author: M. Cherif Bassiouni
Publisher: BRILL
ISBN: 9004165320
Category: Law
Page: 1
View: 6687

Continue Reading →

Volume 1 deals with international crimes. It contains several significant contributions on the theoretical and doctrinal aspects of ICL which precede the five chapters addressing some of the major categories of international crimes. The first two chapters address: the sources and subjects of ICL and its substantive contents. The other five chapters address: Chapter 3: The Crime Against Peace and Aggression (The Crime Against Peace and Aggression: From its Origins to the ICC; The Crime of Aggression and the International Criminal Court); Chapter 4: War Crimes, Crimes Against Humanity & Genocide (Introduction to International Humanitarian Law; Penal Aspects of International Humanitarian Law; Non-International Armed Conflict and Guerilla Warfare; Mercenarism and Contracted Military Services; Customary International Law and Weapons Control; Genocide; Crimes Against Humanity; Overlaps, Gaps, and Ambiguities in Contemporary International Humanitarian Law, Genocide, and Crimes Against Humanity); Chapter 5: Crimes Against Fundamental Human Rights (Slavery, Slave-Related Practices, and Trafficking in Persons; Apartheid; International Prohibition of Torture; The Practice of Torture in the United States: September 11, 2001 to Present); Chapter 6: Crimes of Terror-Violence (International Terrorism; Kidnapping and Hostage Taking; Terrorism Financing; Piracy; International Maritime Navigation and Installations on the High Seas; International Civil Aviation); Chapter 7: Crimes Against Social Interest (International Control of Drugs; Challenges in the Development of International Criminal Law: The Negotiations of the United Nations Convention Against Transnational Organized Crime and the United Nations Convention Against Corruption; Transnational Organized Crime; Corruption of Foreign Public Officials; International Criminal Protection of Cultural Property; Criminalization of Environmental Protection).

War Crimes and Human Rights

Essays on the Death Penalty, Justice, and Accountability
Author: William Schabas
Publisher: Cameron May
ISBN: 1905017634
Category: Capital punishment
Page: 1158
View: 9378

Continue Reading →

This is a collection of essays and articles on human rights law and international criminal law authored by William Schabas, one of the most prominent contemporary scholars and practitioners. Particular attention is given to such topics as the limitation and abolition of the death penalty, genocide and crimes against humanity, the establishment and operation of the International Criminal Court and the ad hoc international criminal tribunals, truth and reconciliation commissions, reservations to human rights treaties, and the implementation of international human rights norms in domestic law

The Scourge of Genocide

Essays and Reflections
Author: Adam Jones
Publisher: Routledge
ISBN: 1135047146
Category: Political Science
Page: 440
View: 1594

Continue Reading →

The Scourge of Genocide collects essays, reviews, and reportage on the subjects of genocide and crimes against humanity by Adam Jones, recently selected as one of "Fifty Key Thinkers on the Holocaust and Genocide." The volume includes a number of previously-unpublished essays, and explores a range of debates and approaches in comparative genocide studies, such as: Genocide, pedagogy, and visual representation. Gender and "gendercide." The role of media and communications in genocide. The historiography of genocide studies. "Subaltern genocide," or genocides by the oppressed. Strategies of genocide prevention and intervention. Covering a broad spectrum of theoretical perspectives, as well as case studies from the former Yugoslavia, Rwanda, Guatemala, Afghanistan, Iraq, and Israel/Palestine, this book is essential reading for all scholars and students of genocide studies, political violence, and international relations.

International Cooperation in Dealing with International Crimes under International Criminal Law: The Case of the Khmer Rouge Tribunal

Author: Sopheada Phy
Publisher: GRIN Verlag
ISBN: 3640600452
Category: Political Science
Page: 17
View: 4872

Continue Reading →

Research paper from the year 2009 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: A, University for Peace (United Nations-mandated University for Peace), language: English, abstract: Traditional international law considered the sovereignty of state as the core principle and state cannot be interfered by other states or international community even though it is failed to protect its people. The modern international law developed when the Peace of Westphalia was signed in 1648. With this development, the principle of sovereignty of state has been gradually replaced with the principle of international community as every state more or less is dependent, particularly in terms of economics and politics, in order to survive in the world community. In this regard, each state came into agreement on trade, diplomacy and so on with the others. So each is bound by international law either treaty, customary international law, or other sources of international law. Regarding the international crimes under international criminal law such as genocide, crimes against humanity, and war crimes, most of the states more or less are bound by them, significantly under the 1948-Convention on the Prevention and Punishment of the Crime of Genocide, 1968-Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity, and the 2002-Rome Statute of the International Criminal Court (ICC). Throughout the history, a number of genocide, crimes against humanity and war crimes happened, but only were four ad hoc tribunals right away created to prosecute the criminals before the ICC came into being in 2002. Those are the 1945-Nuremberg Tribunal, the 1946- Tokyo Tribunal, the 1993-International Criminal Tribunal for the Former Yugoslavia, and the 1994-International Criminal Tribunal for Rwanda. However, such a thing was not undertaken in Cambodia after the Khmer Rouge regime collapse in 1979. The Khmer Rouge Tribunal is selected to study because it is the only tribunal established very late after the carelessness of the international community and the prolonged and often acrimonious cooperation and negotiation between the Cambodian government and the UN, unlike the others. [...]

Rückkehr nach Lemberg

Über die Ursprünge von Genozid und Verbrechen gegen die Menschlichkeit
Author: Philippe Sands
Publisher: S. Fischer Verlag
ISBN: 3104904561
Category: History
Page: 592
View: 5115

Continue Reading →

»Kein Roman kann sich mit einem solch wichtigen Werk der Wahrheit messen.« Antony Beevor Als der bekannte Anwalt für Menschenrechte Philippe Sands eine Einladung nach Lemberg erhält, ahnt er noch nicht, dass dies der Anfang einer erstaunlichen Reise ist, die ihn um die halbe Welt führen wird. Er kommt einem bewegenden Familiengeheimnis auf die Spur, und stößt auf die Geschichte zweier Männer, die angesichts der ungeheuren NS-Verbrechen alles daran setzten, diese juristisch zu fassen. Sie prägten die zentralen Begriffe, mit denen seitdem der Schrecken benannt und geahndet werden kann: »Verbrechen gegen die Menschlichkeit« und »Genozid«. Meisterhaft verwebt Philippe Sands die Geschichte von Tätern und Anklägern, von Strafe und Völkerrecht zu einer kraftvollen Erzählung darüber, wie Verbrechen und Schuld über Generationen fortwirken. »Ein Buch wie kein anderes, das ich gelesen habe – man kann es nicht weglegen und vergessen.« Orlando Figes »Über die Geburtsstunde der internationalen Menschenrechte und zugleich ein zartes Familienporträt ... bewegend und fesselnd.« Adam Thirlwell »Erstaunlich und wichtig.« Louis Begley »Überwältigend, erschütternd ... ›Rückkehr nach Lemberg‹ ist eines der außergewöhnlichsten Bücher, das ich je gelesen habe.« Antonia Fraser »Ein schönes und notwendiges Buch.« A. L. Kennedy