On the Nature of Genocidal Intent

Author: Jason J. Campbell
Publisher: Lexington Books
ISBN: 0739178474
Format: PDF, Docs
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This book is a logical analysis of genocidal intent, which analyzes the necessary theoretical framework needed to understand its complex structure.

A Collective Theory of Genocidal Intent

Author: Sangkul Kim
Publisher: Springer
ISBN: 946265123X
Format: PDF, Mobi
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Tackling one of the most confusing and controversial issues in the field of international criminal law — i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the ‘conduct level’ and ‘context level’, it detects the genocidal intent element at the ‘context level’. The genocidal intent found in this manner belongs to a collective, which significantly departs from the prior individualistic understandings of the notion of genocidal intent. The author argues that the crime of genocide is not a ‘crime of mens rea’. Collective genocidal intent at the ‘context level’ operates in a way that renders the crime of genocide itself a criminal enterprise. The idea of genocide as a criminal enterprise also suggests that genocide is a leadership crime in respect of which only the high-level actors can be labeled as principals (as opposed to accessories). The book criticizes the dominant individualistic approaches to genocidal intent (in particular: the knowledge-based approach) which have thus far governed the relevant jurisprudential and academic analysis. It further demonstrates that the hidden notion of ‘collective genocide’ silently governs the relevant international jurisprudence. Practitioners and academics in the field of international criminal law and related disciplines will find in this book a new approach to the crime of genocide. The text is the first-ever book-length exposition of a collective account of genocidal intent. Its accessibility is highly enhanced by relevant footnotes.Sangkul Kim is Lecturer at Korea University in Seoul and Research Fellow with the Centre for International Law Research and Policy (CILRAP).He served as Associate Legal Adviser at the Office of the Prosecutor of the International Criminal Court (2004-2008). He earned law degrees from Korea University and Georgetown University Law Center.

Prosecuting Conflict Related Sexual Violence

Author: Serge Brammertz
Publisher: Oxford University Press
ISBN: 0198768567
Format: PDF, Docs
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Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.

Genocide

Author: Larry May
Publisher: Cambridge University Press
ISBN: 1139484265
Format: PDF, Docs
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Larry May examines the normative and conceptual problems concerning the crime of genocide. Genocide arises out of the worst of horrors. Legally, however, the unique character of genocide is reduced to a technical requirement, that the perpetrator's act manifest an intention to destroy a protected group. From this definition, many puzzles arise. How are groups to be identified and why are only four groups subject to genocide? What is the harm of destroying a group and why is this harm thought to be independent of killing many people? How can a person in the dock, as an individual, be responsible for a collective crime like genocide? How should we understand the specific crimes associated with genocide, especially instigation, incitement, and complicity? Paying special attention to the recent case law concerning the Rwanda genocide, May offers the first philosophical exploration of the crime of genocide in international criminal law.

Supranational Criminal Prosecution of Sexual Violence

Author: Anne-Marie de Brouwer
Publisher: Intersentia nv
ISBN: 9050955339
Format: PDF, Kindle
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This study assesses the supranational criminal prosecution of sexual violence, notably whether supranational criminal law and procedure are adequate from the perspective of victims of sexual violence.

Genocide

Author: Helen Fein
Publisher: SAGE Publications Limited
ISBN:
Format: PDF, ePub
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Since the Holocaust, genocide has become one of the defining concepts of the twentieth century. Despite the continued existence of genocide it has been subjected to relatively little historical and sociological analysis. In this short book Helen Fein outlines the nature and history of genocide, summarizing the existing state and understanding of its definition, causation and prevention. Ranging across the breadth of interdisciplinary scholarship and throughout examples of genocide from around the world, the book provides a critical review of and an advance on existing knowledge of genocide. Genocide is adapted from a trend report in Current Sociology volume 38, which was awarded the first annu

Proclivity to Genocide

Author: Grace O. Okoye
Publisher: Lexington Books
ISBN: 0739191179
Format: PDF, Mobi
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This book explores the ethnic and religious dimensions of the northern Nigeria ethno-religious conflict and develops a Genocide Proclivity Model for identifying the conflict’s genocidal inclinations. It argues that proclivity to genocide, though currently latent, underlies most cases of the wanton killings in northern Nigeria.

The Criminal Law of Genocide

Author: Dr Paul Behrens
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409495914
Format: PDF, ePub, Mobi
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This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.

The Contextual Elements of the Crime of Genocide

Author: Nasour Koursami
Publisher: Springer
ISBN: 9462652252
Format: PDF, Mobi
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This book examines the position of ‘contextual elements’ as a constitutive elementof the legal definition of the crime of genocide, and determines the extent to whichan individual génocidaire is required to act within a particular genocidal context. Unlike other books in the field of the study of the crime of genocide, this book capturesthe nuance and the complex issues of the debate by providing a book-length comprehensiveexamination of the position of contextual elements in light of the evolution ofgenocide as a concept and the literal legal definition of the crime of genocide, whichexpressly characterized the crime with only the existence of an individualistic intentto destroy a group. With scholars of international criminal law, students, researchers, practitioners inthe field, and international criminal tribunals in mind, the author tackles many ofthe issues raised on the position of contextual elements in both academic literatureand judicial decisions. Nasour Koursami is the Director of Applied Research and a Lecturer at the NationalSchool of Administration in Chad. He studied law at Cardiff and Bristol Universitiesand holds a Ph.D. in International Law from the University of Edinburgh.