A Collective Theory Of Genocidal Intent
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A Collective Theory Of Genocidal Intent
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Author : Sangkul Kim
language : en
Publisher: Springer
Release Date : 2016-05-24
A Collective Theory Of Genocidal Intent written by Sangkul Kim and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-24 with Law categories.
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.
Rethinking The Crime Of Mens Rea
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Author : Sangkul Kim
language : en
Publisher: Torkel Opsahl Academic EPublisher
Release Date : 2016-06-27
Rethinking The Crime Of Mens Rea written by Sangkul Kim and has been published by Torkel Opsahl Academic EPublisher this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-27 with Law categories.
The Crime Of Destruction And The Law Of Genocide
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Author : Caroline Fournet
language : en
Publisher: Routledge
Release Date : 2016-03-16
The Crime Of Destruction And The Law Of Genocide written by Caroline Fournet and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Law categories.
This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.
On The Nature Of Genocidal Intent
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Author : Jason J. Campbell
language : en
Publisher: Lexington Books
Release Date : 2012-10-04
On The Nature Of Genocidal Intent written by Jason J. Campbell and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-04 with Philosophy categories.
Campbell offers a conceptual look into the nature of genocidal intent, systematically analyzing the conceptual and logical structures for genocidal intent, and discussing its theoretical foundations. The analysis offers particular insight into the process of operationalizing genocide and mass extermination. The investigation includes discussion of the roles orchestrators play and the systematic development of a genocidal strategy, which requires the intent to purge pre-selected demographic identifiers from the population. Cambell also analyzes in detail the dynamic process of generational conflict, wherein former perpetrators become victims and victims become perpetrators.
Elements Of Genocide
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Author : Paul Behrens
language : en
Publisher: Routledge
Release Date : 2013-05-07
Elements Of Genocide written by Paul Behrens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-07 with Law categories.
Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.
The Contextual Elements Of The Crime Of Genocide
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Author : Nasour Koursami
language : en
Publisher: Springer
Release Date : 2018-02-10
The Contextual Elements Of The Crime Of Genocide written by Nasour Koursami and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-10 with Law categories.
This book examines the position of ‘contextual elements’ as a constitutive element of the legal definition of the crime of genocide, and determines the extent to which an 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 captures the nuance and the complex issues of the debate by providing book-length comprehensive examination of the position of contextual elements in light of the evolution of genocide as a concept and the literal legal definition of the crime of genocide, which expressly characterized the crime with only the existence of an individualistic intent to destroy a group. With scholars of international criminal law, students, researchers, practitioners in the field, and international criminal tribunals in mind, the author tackles many of the issues raised on the position of contextual elements in both academic literature and judicial decisions. Nasour Koursami is the Director of Applied Research and a Lecturer at the National School of Administration in Chad. He studied law at Cardiff and Bristol Universities and holds a Ph.D. in International Law from the University of Edinburgh.
Organizing Rebellion
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Author : Tilman Rodenhäuser
language : en
Publisher: Oxford University Press
Release Date : 2018
Organizing Rebellion written by Tilman Rodenhäuser and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
As non-state actors proliferate both in number and variety, the time is ripe for an explication of what obligations armed groups are under. Ground-breaking in examining humanitarian, human rights, and criminal law, Rodenhauser analyses groups ranging from gangs to cyber criminals to ask when organisations become culpable under international law.
Classifying Genocide In International Law
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Author : Onur Uraz
language : en
Publisher: Taylor & Francis
Release Date : 2022-08-05
Classifying Genocide In International Law written by Onur Uraz and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-05 with Law categories.
This book offers an in-depth examination into genocide law by focusing on one of the lesser examined, yet practically significant, issues: the ‘substantiality requirement’. This refers to the requirement in international law that intended destruction should be directed towards a ‘substantial’ part of a protected group in order for an atrocity to qualify as genocide. This comprehensive and detailed study draws connections between different judicial approaches to ‘substantiality’ and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide. The book systematically explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging ‘relational approaches to genocide’, offers a third way to understand the existing legal representation of the crime and, consequently, the idea of ‘substantiality’. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan. This book will be highly useful to students and scholars with an interest in genocide studies, international criminal law and legal theory. It will also be of interest to policymakers engaged with issues around genocide.
A Critical Introduction To International Criminal Law
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Author : Carsten Stahn
language : en
Publisher: Cambridge University Press
Release Date : 2019
A Critical Introduction To International Criminal Law written by Carsten Stahn and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Presents theories, practices and critiques alongside each other to engage students, scholars and professionals from multiple fields. This title is also available as Open Access on Cambridge Core.
Invisible Atrocities
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Author : Randle C. DeFalco
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-17
Invisible Atrocities written by Randle C. DeFalco and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-17 with Law categories.
This book assesses the role aesthetic factors play in shaping what forms of mass violence are viewed as international crimes.