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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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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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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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Theme1: Droit - Droit international et étranger - Droit étranger Theme2: Résumé: Quelle est la conception de la justice pénale véhiculée dans cette "mondialisation" du droit pénal, modèle sur lequel se cristallisent les espoirs, aussi nombreux que différents ? Devant les meurtres collectifs, matérialisation de l'abolition du principe de la limite, quelles sont les réponses de la justice pénale internationale ? Cet ouvrage propose une nouvelle lecture des crimes contre l'humanité et des génocides. L'analyse criminologique des pratiques meurtrières révèle non seulement la manipulation des tabous du meurtre, de l'inceste et du cannibalisme mais également un agir génocidaire qui remet en question les fondements de la normativité des communautés humaines sur des valeurs éthiques. Face aux dits et non-dits des meurtres collectifs, la justice pénale internationale reproduit une rationalité imperméable à l'abolition du principe même de limites et de perpétuation des sociétés. Cet essai est une invitation à penser d'autres espaces de justice pouvant considérer d'une part les visions endogènes d'une justice territorialisée et d'autre part l'effondrement d'une perception de l'Humanité dévoilés par les meurtres collectifs et politiques. Maître de conférences à l'Université Paris Ouest Nanterre La Défense, enseignant également au Laboratoire d'Anthropologie Juridique de Paris (Université Paris I Panthéon-Sorbonne), professeure invitée à l'école de criminologie de l'Université de Lubumbashi en République Démocratique du Congo depuis 2006, Sara Liwerant est actuellement conseillère du Ministre de la Justice et des Droits Humains de la République Démocratique du Congo. Pénaliste, criminologue et anthropologue du droit et de la justice, elle a été rédactrice en chef de la Revue Droit et Cultures. Ses nombreuses publications portent sur les meurtres collectifs, la justice pénale internationale et le milieu carcéral. En effet, l'auteure a travaillé dans les prisons françaises, au Pérou sur la justice transitionnelle et à Brazzaville avec des acteurs de la guerre civile.
Human rights --- Criminal law. Criminal procedure --- Genocide (International law) --- Genocide --- Crimes against humanity --- Mass murder --- Génocide --- Crimes contre l'humanité --- Meurtre multiple --- Sociological aspects --- Droit international --- Aspect sociologique --- EPUB-ALPHA-C EPUB-LIV-FT LIVDROIT STRADA-B --- Trials (Genocide) --- E-books --- Crimes contre l'humanité --- Criminologie --- Droit humanitaire --- Génocide
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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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Criminal law --- Criminal procedure (International law) --- International criminal procedure --- International criminal law --- International unification --- Droit international pénal. --- Tribunaux criminels internationaux. --- International unification. --- Cour pénale internationale. --- Procédure pénale (Droit international) --- Droit pénal --- Unification internationale --- Criminal jurisdiction --- Droit international pénal --- Crimes against humanity (International law) --- Crimes contre l'humanité (Droit international) --- Genocide (International law) --- Génocide (Droit international) --- Aggression (International law) --- Agression (Droit international) --- Droit international pénal. --- Cour pénale internationale. --- War crimes --- Crimes de guerre --- History --- Histoire
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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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