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book (4)


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2012 (4)

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Book
The Khmer Rouge and the crime of genocide : issues of genocidal intent with regard to the Khmer Rouge mass atrocities
Author:
ISBN: 303751440X 9783037514405 Year: 2012 Publisher: Zürich: Dike,

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Abstract

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.


Book
L'incrimination de génocide : étude comparée du droit de la Cour pénale internationale et du droit français
Authors: ---
ISBN: 9782916606620 2916606629 Year: 2012 Publisher: Clermont-Ferrand : Paris : Fondation Varenne ; L.G.D.J.,


Book
Reducing genocide to law : definition, meaning, and the ultimate crime
Author:
ISBN: 1139209361 1107225531 1280484950 113922218X 9786613579935 1139217372 1139028944 1139223895 1139214292 1139220462 9781139223898 9780521824415 0521824419 9781139028943 9781107480056 1107480051 Year: 2012 Publisher: Cambridge ; New York : Cambridge University Press,

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Abstract

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.


Book
Child soldier victims of genocidal forcible transfer : exonerating child soldiers charged with grave conflict-related international crimes
Author:
ISBN: 3642236138 3642435351 9786613573421 1280395508 3642236146 Year: 2012 Publisher: Berlin : Springer,

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Abstract

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.

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