Holocaust Genocide And The Law
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Holocaust Genocide And The Law
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Author : Michael Bazyler
language : en
Publisher: Oxford University Press
Release Date : 2017-07
Holocaust Genocide And The Law written by Michael Bazyler 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 2017-07 with Law categories.
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
Genocide Denials And The Law
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Author : Ludovic Hennebel
language : en
Publisher: Oxford University Press
Release Date : 2011-02-09
Genocide Denials And The Law written by Ludovic Hennebel 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 2011-02-09 with Law categories.
In Genocide Denials and the Law, Ludovic Hennebel and Thomas Hochmann offer a thorough study of the relationship between law and genocide denial from the perspectives of specialists from six countries. This controversial topic provokes strong international reactions involving emotion caused by denial along with concerns about freedom of speech. The authors offer an in-depth study of the various legal issues raised by the denial of crimes against humanity, presenting arguments both in favor of and in opposition to prohibition of this expression. They do not adopt a pro or contra position, but include chapters written by proponents and opponents of a legal prohibition on genocide denial. Hennebel and Hochmann fill a void in academic publications by comparatively examining this issue with a collection of original essays. They tackle this diverse topic comprehensively, addressing not only the theoretical and philosophical aspects of denial, but also the specific problems faced by judges who implement anti-denial laws. Genocide Denials and the Law will provoke discussion of many theoretical questions regarding free speech, including the relationship between freedom of expression and truth, hate, memory, and history.
Holocaust And Genocide Denial
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Author : Paul Behrens
language : en
Publisher: Taylor & Francis
Release Date : 2017-05-18
Holocaust And Genocide Denial written by Paul Behrens and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-18 with Law categories.
This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian. Legal academics and practitioners as well as political scientists are faced with the difficulty of evaluating methods to deal with denial and must in this regard identify the limits of freedom of speech, but also the need to preserve the rights of victims. Beyond that, the question arises whether the law can ever be an effective option for dealing with revisionist statements and the revisionist movement. In this regard, Holocaust and Genocide Denial: A Contextual Perspective breaks new ground: exploring the background of revisionism, the specific methods devised by individual States to counter this phenomenon, and the rationale for their strategies. Bringing together authors whose expertise relates to the history of the Holocaust, genocide studies, international criminal law and social anthropology, the book offers insights into the history of revisionism and its varying contexts, but also provides a thought-provoking engagement with the challenging questions attached to its treatment in law and politics.
The Concept Of Genocide In International Criminal Law
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Author : Marco Odello
language : en
Publisher: Routledge
Release Date : 2020-07-14
The Concept Of Genocide In International Criminal Law written by Marco Odello and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-14 with History categories.
This book presents a review of historical and emerging legal issues that concern the interpretation of the international crime of genocide. The Polish legal expert Raphael Lemkin formulated the concept of genocide during the Nazi occupation of Europe, and it was then incorporated into the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. This volume looks at the issues that are raised both by the existing international law definition of genocide and by the possible developments that continue to emerge under international criminal law. The authors consider how the concept of genocide might be used in different contexts, and see whether the definition in the 1948 convention may need some revision, also in the light of the original ideas that were expressed by Lemkin. The book focuses on specific themes that allow the reader to understand some of the problems related to the legal definition of genocide, in the context of historical and recent developments. As a valuable contribution to the debate on the significance, meaning and application of the crime of genocide the book will be essential reading for students and academics working in the areas of Legal History, International Criminal Law, Human Rights, and Genocide Studies. Chapter 12 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003015222
Migration In The Age Of Genocide
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Author : Alastair Davidson
language : en
Publisher: Springer
Release Date : 2015-08-26
Migration In The Age Of Genocide written by Alastair Davidson and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-26 with Social Science categories.
This book presents a novel proposal for establishing justice and social harmony in the aftermath of genocide. It argues that justice should be determined by the victims of genocide rather than a detached legal system, since such a form of justice is more consistent with a socially grounded ethics, with a democracy that privileges citizen decision-making, and with human rights. The book covers the Holocaust; genocides in Argentina, South Africa, Rwanda, Latin America, and Australia, as well as crimes against humanity in Italy and France. From show trials to state- enforced forgiveness, the book examines various methods that have been used since 1945 to punish the individuals and groups responsible for genocide and how they have ultimately failed to deliver true justice to the victims. The only way to end this failure, the book points out, is to return justice to the victims. This simple proposition; however, challenges the Enlightenment tradition of Western law which was built on the refusal to allow victims to determine the measure of justice. That would amount, according to Bacon, Hegel, and Kant to a revenge system and bring social chaos. But, as this book points out, forgiveness is only something victims can give, no-one can demand it. In order to establish a lasting peace, it is necessary to re-examine the philosophical and theoretical refusal to return justice to the victims. The engaging argument put forth in this book can help deliver true justice and re-establish international social harmony in the aftermath of genocide. Genocide is ubiquitous in the modern, global world. It's understanding is highly relevant for the understanding of specific and perpetuating challenges in migration. Genocide forces the migration of millions to avoid crimes against humanity. When they flee war zones they bring their fears, hates, and misery with them. So migration research must engage fully with the experience of genocide, its human conseque nces and the ethical dilemmas it poses to all societies. Not to do so, will make it more difficult to understand and live with newcomers and to achieve some sort of harmony in host countries, as well as those which are centers of genocide.
The Genocide Convention
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Author : Harmen van der Wilt
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-05-16
The Genocide Convention written by Harmen van der Wilt and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-16 with Law categories.
Genocide is widely acknowledged as ‘the crime of crimes’. Such universal condemnation understandably triggers both loose talk (calling each and every massacre ‘genocide’) and utter reluctance in political circles to use the ‘G-word’. The social construction of genocide reflects the deeper question whether the rigid legal concept of genocide – as it emerges in the Genocide Convention and has been maintained ever since – still corresponds with the historical and social perception of the phenomenon. This book is the product of an intellectual encounter between scholars of historical and legal disciplines which have joined forces to address this question. The authors are strongly inspired by the idea that the multi-disciplinary research of and education on genocide may contribute to a more appropriate reaction and prevention of genocide.
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.
Law Against Genocide
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Author : David Hirsh
language : en
Publisher: Routledge
Release Date : 2012-09-10
Law Against Genocide written by David Hirsh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-10 with Law categories.
Bringing a sociologist's insight to legal institutions and narratives, this book is an innovative and timely sociological contribution to current concerns regarding critical cosmopolitanism, human rights and crimes against humanity.
Responding To Modern Genocide
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Author : Mark D. Kielsgard
language : en
Publisher: Routledge
Release Date : 2015-07-30
Responding To Modern Genocide written by Mark D. Kielsgard and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-30 with Law categories.
Developments in the understanding and treatment of genocide through the twentieth century have involved a combination of politics, public opinion, social trends, and economic development, and led to the substantive law of genocide and the assumption of international jurisdiction. This book analyzes incidences of genocide and mass atrocities, focusing on the political factors involved in modern counter-genocide efforts. Drawing on incidences of genocide and mass atrocity such as the Holocaust, the Rwandan genocide, and the Armenian genocide, Mark Kielsgard adopts a conceptual model that reveals the political factors which impact the international law of genocide, such as barriers and catalysts to transitional justice and the politics of genocide denial. As a work which provides a focused picture of those influences and their significance to genocide studies, this book will be of great use and interest to students and researchers in international criminal law, conflict studies, and conflict resolution.
War Crimes Genocide And The Law
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Author : Arnold Krammer
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2010-04-09
War Crimes Genocide And The Law written by Arnold Krammer and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-09 with Political Science categories.
This timely handbook offers an examination of man's history of war crimes and the parallel development of rules of war to prevent them in the future. Kosovo, Rwanda, Sierra Leone, Darfur, Auschwitz. War crimes have occurred in regions around the world and continue to this day. Although atrocities are as old as war itself, they did not become punishable crimes until the law evolved to define them as such. War Crimes, Genocide, and the Law: A Guide to the Issues examines the types of war crimes and the motivations behind them, as well as the laws that seek to control and abolish these heinous acts. Within the handbook, centuries of war crimes and genocides are analyzed and catalogued. At the same time, the author offers a history of the development of the rules of war, enabling readers to grasp the importance of such precedent-setting events as the 1946 Nuremberg Trials, and to see the gradual evolution of the laws intended to punish perpetrators and prevent future barbarism.