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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 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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"This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe which was then incorporated into the 1948 Convention against the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts and see whether the definition in the 1948 Convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights and Genocide Studies"--
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Armenian Genocide, 1915-1923. --- Collective memory --- Genocide (International law) --- Génocide arménien (1915-1923) --- Mémoire collective --- Génocide.
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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 book critiques the dominant physical and biological interpretation of the Genocide Convention and argues that the idea of "culture" is central to properly understanding the crime of genocide. Using Raphael Lemkin's personal papers, archival materials from the State Department and the UN, as well as the mid-century secondary literature, it situates the convention in the longstanding debate between Enlightenment notions of universality and individualism, and Romantic notions of particularism and holism. The author conducts a thorough review of the treaty and its preparatory work to show that the drafters brought strong culturalist ideas to the debate and that Lemkin's ideas were held widely in the immediate postwar period. Reconstructing the mid-century conversation on genocide and situating it in the much broader mid-century discourse on justice and society he demonstrates that culture is not a distraction to be read out of the Genocide Convention; it is the very reason it exists"--
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Invité à donner une conférence en Ukraine dans la ville de Lviv, autrefois Lemberg, Philippe Sands, avocat international réputé, découvre une série de coïncidences historiques qui le conduiront de Lemberg à Nuremberg, des secrets de sa famille à l'histoire universelle. C'est à Lemberg que Leon Buchholz, son grand-père, passe son enfance avant de fuir, échappant ainsi à l'Holocauste qui décima sa famille ; c'est là que Hersch Lauterpacht et Raphael Lemkin, deux juristes juifs qui jouèrent un rôle déterminant lors du procès de Nuremberg et auxquels nous devons les concepts de " crime contre l'humanité " et de " génocide ", étudient le droit dans l'entre-deux guerres. C'est là enfin que Hans Frank, haut dignitaire nazi, annonce, en 1942, alors qu'il est Gouverneur général de Pologne, la mise en place de la " Solution finale " qui condamna à la mort des millions de Juifs. Parmi eux, les familles Lauterpacht, Lemkin et Buchholz. Philippe Sands transcende les genres dans cet extraordinaire témoignage où s'entrecroisent enquête palpitante et méditation profonde sur le pouvoir de la mémoire.
Holocauste, 1939-1945 --- Génocide (Droit international) --- Crimes contre l'humanité --- Procès de Nuremberg, Nuremberg, Allemagne, 1945-1946 --- Histoire --- Shoah --- Nuremberg, Procès de (1945-1946) --- Genocide --- Genocide (International law) --- Crimes against humanity --- Crimes against humanity (International law) --- World War, 1939-1945
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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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La 4e de couverture indique : "Le génocide des Tutsi au Rwanda est un fait juridique indéniable. Il hante les relations entre ce pays et le monde occidental en général et la France en particulier. Le cas français est à cet effet un terrain intellectuel et scientifique de premier ordre dès lors qu'il a participé au drame rwandais bien avant l'année tragique de 1994. Les dossiers individuels traités à ce jour « Au nom du Peuple français » par la justice française sont discutés, jugés, contestés. Cet ouvrage collectif entend mettre en évidence les dossiers judiciaires relatifs au génocide des Tutsi au Rwanda à partir du cas de la France et des décisions et arrêts des juridictions internationales, européennes, constitutionnelles, administratives et judiciaires."
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