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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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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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Could the prevailing view that genocide is the ultimate crime be wrong? Is it possible that it is actually on an equal footing with war crimes and crimes against humanity? Is the power of the word genocide derived from something other than jurisprudence? And why should a hierarchical abstraction assume such importance in conferring meaning on suffering and injustice? Could reducing a reality that is beyond reason and words into a fixed category undermine the very progress and justice that such labelling purports to achieve? For some, these questions may border on the international law equivalent of blasphemy. This original and daring book, written by a renowned scholar and practitioner who was the first Legal Advisor to the UN Prosecutor at The Hague, is a probing reflection on empathy and our faith in global justice.
Genocide. --- Genocide (International law) --- International criminal law --- Cleansing, Ethnic --- Ethnic cleansing --- Ethnic purification --- Ethnocide --- Purification, Ethnic --- Crime --- Law. --- War crimes. --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Law --- General and Others --- Law of armed conflicts. Humanitarian law --- Criminal law. Criminal procedure
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Fragmentation is a potential problem in an international legal system that has seen the creation of new courts and tribunals around the world, with the chance for different judicial approaches to develop in different courts. This book addresses this issue by analysing judicial practice in three areas genocide, immunities, and the use of force.
International criminal courts --- International crimes --- Intervention (International law) --- Aggression (International law) --- Genocide (International law) --- Privileges and immunities --- International criminal law --- International law --- Military intervention --- Diplomacy --- Neutrality --- Immunities and privileges --- Immunity (Exemption) --- Constitutional law --- Criminal procedure --- Jurisdiction --- State's evidence --- Criminal courts --- International courts --- Complementarity (International law) --- Crimes, International --- International crime --- International offenses --- Crime --- Law and legislation --- International law. --- Violence (Law) --- Privileges and immunities. --- International tribunals --- Tribunals, International --- Courts --- Jurisdiction (International law) --- Law of nations --- Nations, Law of --- Public international law --- Law --- Force (Law) --- International courts - Rules and practice --- Rules and practice.
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"Traces the trajectory of the American Empire from its founding through to the end of the 20th century. This book demonstrates the falsity of the claim for American exceptionalism, a secular version of the old idea that America has been divinely founded and guided. The American Trajectory contains many episodes that many readers will find surprising: That the sinking of the Lusitania was anticipated, both by Churchill and Wilson, as a means of inducing America's entry into World War I; that the attack on Pearl Harbor was neither unprovoked nor a surprise; that during the "Good War" the US government plotted and played politics with a view to becoming the dominant empire; that there was no need to drop atomic bombs on Japan either to win the war or to save American lives; that US decisions were central to the inability of the League of Nations and the United Nations to prevent war; that the United States was more responsible than the Soviet Union for the Cold War; that the Vietnam War was far from the only US military adventure during the Cold War that killed great numbers of civilians; that the US government organized false flag attacks that deliberately killed Europeans; and that America's military interventions after the dissolution of the Soviet Union taught some conservatives (such as Andrew Bacevich and Chalmers Johnson) that the US interventions during the Cold War were not primarily defensive. The conclusion deals with the question of how knowledge by citizens of how the American Empire has behaved could make America better and how America, which had long thought of itself as the Redeemer Nation, might redeem itself."--Provided by publisher.
Indigenous children --- Children and genocide --- Genocide (International law) --- Crimes against humanity --- Legal status, laws, etc. --- Law and legislation. --- Convention on the Prevention and Punishment of the Crime of Genocide --- Criminal law --- International criminal law --- Genocide and children --- Genocide --- Aboriginal children --- Native children --- Children --- Convención para la prevención y la sanción del delito de genocidio --- Convention on the prevention and punishment of the crime of genocide --- Convention pour la prévention et la répression du crime de génocide --- Fang chih chi chʻeng chih wei hai chung tsu tsui kung yüeh --- Konvent︠s︡ii︠a︡ o preduprezhdenii prestuplenii︠a︡ genot︠s︡ida i nakazanii za nego --- Exceptionalism --- National characteristics, American --- Imperialism --- Christianity and politics --- Political ethics --- History. --- United States --- Foreign relations --- Philosophy. --- History --- Colonialism --- Empires --- Expansion (United States politics) --- Neocolonialism --- Political science --- Anti-imperialist movements --- Caesarism --- Chauvinism and jingoism --- Militarism --- National characteristics
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The Genocide Convention was drafted by the United Nations in the late 1940s, as a response to the horrors of the Second World War. But was the Genocide Convention truly effective at achieving its humanitarian aims, or did it merely exacerbate the divisive rhetoric of Cold War geopolitics? A Rhetorical Crime shows how genocide morphed from a legal concept into a political discourse used in propaganda battles between the United States and the Soviet Union. Over the course of the Cold War era, nearly eighty countries were accused of genocide, and yet there were few real-time interventions to stop the atrocities committed by genocidal regimes like the Cambodian Khmer Rouge. Renowned genocide scholar Anton Weiss-Wendt employs a unique comparative approach, analyzing the statements of Soviet and American politicians, historians, and legal scholars in order to deduce why their moral posturing far exceeded their humanitarian action.
Cold War. --- Genocide intervention --- Genocide (International law) --- International criminal law --- Humanitarian intervention --- World politics --- Political aspects. --- Convention on the Prevention and Punishment of the Crime of Genocide --- Convención para la prevención y la sanción del delito de genocidio --- Convention on the prevention and punishment of the crime of genocide --- Convention pour la prévention et la répression du crime de génocide --- Fang chih chi chʻeng chih wei hai chung tsu tsui kung yüeh --- Konvent︠s︡ii︠a︡ o preduprezhdenii prestuplenii︠a︡ genot︠s︡ida i nakazanii za nego --- Soviet Union --- United States --- Foreign relations --- Foreign relations. --- Communist. --- Genocide Convention. --- Raphael Lemkin. --- Soviet Union. --- Soviet genocide. --- Soviet-American. --- US. --- USSR. --- genocide. --- human rights. --- international. --- politics.
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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 criminalise and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyses and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux préparatoires 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.
Genocide. --- Génocide --- United Nations --- Convention on the Prevention and Punishment of the Crime of Genocide --- Genocide --- Génocide --- Cleansing, Ethnic --- Ethnic cleansing --- Ethnic purification --- Ethnocide --- Purification, Ethnic --- Crime --- United Nations. --- UN --- UNO --- Convención para la prevención y la sanción del delito de genocidio --- Convention on the prevention and punishment of the crime of genocide --- Convention pour la prévention et la répression du crime de génocide --- Fang chih chi chʻeng chih wei hai chung tsu tsui kung yüeh --- Konvent︠s︡ii︠a︡ o preduprezhdenii prestuplenii︠a︡ genot︠s︡ida i nakazanii za nego --- Naciones Unidas --- Nations Unies --- ONU --- Organisation des Nations Unies --- Organizat︠s︡ii︠a︡ Obʺedinennykh Nat︠s︡iĭ --- OON --- Vereinigte Nationen --- Umot ha-meʼuḥadot --- Organizacja Narodów Zjednoczonych --- ONZ --- Forente nasjoner --- Forenede nationer --- FN --- Förenta nationerna --- Gaertʻianebuli erebi --- Organização das Nações Unidas --- PBB --- Perserikatan Bangsa-Bangsa --- Kokusai Rengō --- Kokuren --- ENSZ --- Egyesült Nemzetek Szövetsége --- Birleșmiș Milletler Teșkilâtı --- Birlăşmiş Millătăr Tăşkilatı --- Birlashgan Millatlar Tashkiloti --- BMT --- YK --- Yhdistyneet kansakunnat --- OUN --- Organizacija Ujedinjenih Nacija --- NU --- Nazioni Unite --- OSN --- Organizace spojených národů --- Sāzmān-i Milal-i Muttafiq --- Bangsa² Bersatu --- Organización de las Naciones Unidas --- Ühinenud Rahvaste Organisatsioon --- ÜRO --- Organismos tōn Hēnōmenōn Ethnōn --- Umoja wa Mataifa --- Vereinten Nationen --- Vereinte Nationen --- Hayʼat al-Umam al-Muttaḥidah --- Verenigde Naties --- VN --- Organizația Națiunilor Unite --- Um --- Lien ho kuo --- OKB --- Organizata e Kombeve të Bashkuara --- Lian he guo --- U.N. --- Umam al-Muttaḥidah --- OĒE --- Hēnōmena Ethnē --- Organizácia Spojených Národov --- Sahaprachāchāt --- Națiunile Unite --- Organizat︠s︡ii︠a︡ na obedinenite nat︠s︡ii --- Organismos Hēnōmenōn Ethnōn --- Manẓūmat al-Umam al-Muttaḥidah --- AAN --- Arhanizatsyi︠a︡ Ab'i︠a︡dnanykh Natsyĭ --- Nações Unidas --- Orhanizat︠s︡ii︠a︡ Ob'i︠e︡dnanykh Nat︠s︡iĭ --- O.Ē.E. --- ʻOngkān Sahaprachāchāt --- Sjuninejal Konob'laq --- Sāzmān-i Milal-i Muttaḥid --- Milal-i Muttaḥid --- Nėgdsėn U̇ndėstniĭ Baĭguullaga --- NUB --- Rāshṭrasaṃgha --- או״מ --- أمم المتحدة --- الأمم المتحدة --- سازمان ملل متحد --- 国際連合 --- 联合囯 --- 聯合國 --- United Nations Organization --- Liên Hiệp Quó̂c --- Liên Hợp Quó̂c --- LHQ --- Kula Samagga --- YūʼAṅʻnʻ --- 联合国 --- Организация на обединените нации --- Организация Объединённых Наций --- Genocide (International law) --- Crimes against humanity. --- Génocide. --- Crimes contre l'humanité. --- Nations Unies. --- Génocide. --- Crimes contre l'humanité.
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