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More than one million people died in Cambodia from 1975 to 1979 under the regime of the Khmer Rouge. Thirty years later, a Cambodian court supported by the UN tries to hold legally accountable those most reponsible for the crime committed. This study presents some of the major legal issues relevant to possible genocide charges against the Khmer Rouge at the Extraordinary Chambers in the Courts of Cambodia. In a first part, the basic structure and elements of the crime of genocide under International Criminal Law are looked at, with a focus on the particular intent requirement and the issue of groups as targets of genocidal intent. The second part of the study examines the case of the Khmer Rouge mass atrocities based on the legal framework elaborated, discussing questions involved in the legal characterization of Khmer Rouge policies. These questions include the auto-genocide debate, the distinction between discriminatory mass killings and genocidal intent as well as the legal relevance of motives for group targeting.
Genocide (International law) --- Genocide --- Political atrocities --- Crimes against humanity
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Comparative law --- Trials (Genocide) --- Genocide (International law) --- Genocide --- Droit comparé --- Procès (Génocide) --- Génocide --- Droit international --- International Criminal Court. --- Droit comparé --- Procès (Génocide) --- Génocide --- Cour pénale internationale --- Crimes contre l'humanité --- Droit international pénal --- Droit pénal --- Études comparatives --- France --- Crimes contre l'humanité --- Droit international pénal --- Droit pénal --- Droit. --- Cour pénale internationale.
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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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This book provides an original legal analysis of child soldiers recruited into armed groups or forces committing mass atrocities and/or genocide as the victims of the genocidal forcible transfer of children. Legal argument is made regarding the lack of criminal culpability of such child soldier 'recruits' for conflict-related international crimes and the inapplicability of currently recommended judicial and non-judicial accountability mechanisms in such cases. The book challenges various anthropological accounts of child soldiers' alleged 'tactical agency' to resist committing atrocity as members of armed groups or forces committing mass atrocity and/or genocide. Also provided are original interpretations of relevant international law including an interpretation of the Rome Statute age-based exclusion from prosecution of persons who were under 18 at the time of perpetrating the crime as substantive law setting an international standard for the humane treatment of child soldiers.
Child soldiers. --- Children and genocide. --- Genocide (International law). --- Law. --- War crimes. --- Child soldiers --- Children and genocide --- War crimes --- Population transfers --- International Law --- Law, Politics & Government --- Social Welfare & Social Work --- Social Sciences --- Treaties, International --- Law, General & Comparative --- Criminology, Penology & Juvenile Delinquency --- Legal status, laws, etc --- Children and war. --- Psychological aspects. --- Boys as soldiers --- Children as soldiers --- War and children --- Human rights. --- International humanitarian law. --- International criminal law. --- International Humanitarian Law, Law of Armed Conflict. --- Human Rights. --- International Criminal Law. --- Soldiers --- War --- International Criminal Law . --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- International law --- Criminal jurisdiction --- International crimes --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Law and legislation
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