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Since 1946, a new international crime has emerged that is even more brutal than genocide or the Holocaust, and it is leading to the gradual annihilation of an ancient civilisation. The Israeli political Zionist government has premeditated this crime in order to occupy the consolidated international legal personality of Palestine. This novel form of crime encompasses the elements of all international crimes and has aptly been named the International Crime of Blackboard-Barbarism by the author. This crime is a knife that can be used to simultaneously carve out the characteristics of all crimes involving massacre and slaughter, including genocide, aggression, piracy, robbery, savagery, rape, torture, plundering, crimes against humanity, crimes against cultural heritage, war crimes, apartheid, exploitation, forced immigration, and serious violations of humanitarian law during armed conflicts. The professional offenders of such crimes use an American chalkboard eraser, British rubber, or French gomme à tableau in order to replace the crimes with the principles of international human rights as part of their political and economic exploitations. The crime expunges the right to self-defence and permits bloodshed against all members, including malnourished children. Germany, Netherlands and Sweden, along with other Western governments, conspire with the myth of democratic humanity by supplying weapons. Other nations, such as Ireland, march bravely against blackboard-barbarism. True Judaism denounces criminal Zionism. Powertionist governments control the ICJ and the ICC. Nonetheless, this work proves that denying the Blackboard-Barbarian Holocaust is a grave betrayal of human dignity.

The “ethnic cleansing” that has gripped the Balkans for much of this decade is but another chapter in the long history of man's inhumanity to man. Hopeful but unflinching in the face of such realities, Howard Ball's book focuses on international efforts to punish perpetrators of genocide and other war crimes. Combining history, politics, and critical analysis, he revisits the killing fields of Cambodia, documents the three-month Hutu “machete genocide” of about 800,000 Tutsi villagers in Rwanda, and casts recent headlines from Kosovo in the light of these other conflicts.Beginning with the 1899 Geneva Accords and the Armenian genocide of World War I, Ball traces efforts to create an institution to judge, punish, and ultimately deter such atrocities—particularly since World War II, since which there have been fourteen cases of genocide. He shows how international military tribunals in Nuremberg and Tokyo set important precedents for international criminal justice, tells what the international community learned from its failure to stop Pol Pot in Cambodia, and describes the ad hoc tribunals convened to address genocide in the Balkans and Rwanda. He then focuses on the establishment of the International Criminal Court with the Treaty of Rome in 1998 and assesses its probable future.The book also analyzes the reluctance of the United States to sanction the ICC, tracing longstanding U.S. reluctance to grant criminal justice jurisdiction to an international prosecutor. Ball examines questions of national sovereignty versus international law and reminds us that although most Americans consider such horrors to be problems of other countries, these are in fact countries in which many of our own citizens have their roots.With its unique focus on the ICC, Prosecuting War Crimes and Genocide is a work of both synthesis and advocacy that combines history and current events to make us more aware of the racist fervor with which these brutalities are carried out, more alert to the euphemisms in which they are cloaked. It forces us to ask not only whether the killing will stop, but whether humanity can prevent future genocides.

The book is the first biography of Raphael Lemkin to draw on a comprehensive body of research into Lemkin as a person and his background and will be of interest to both non-specialists and academics. Drawing on archival materials, a nuanced description is provided of the ethnically mixed Belarusian-Polish-Jewish border region where Lemkin grew up and which shaped him, clarifying at the same time some of the misinterpretations that have surrounded Lemkin's life.Lemkin's professional career and intellectual interests up to the time of his flight from Poland after the German aggression of 1939 are exhaustively described. In the latter part of the book, the author poses, among other things, the question of how Lemkin's activities in the United States were influenced by the experience of the first almost 40 years of his life.

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.

In this original and thought-provoking collection, the Editors provide a multilayered study of the'crime of crimes'. Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice. This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.

At the time of drafting the UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), the drafters were hopeful that the document will be the response needed to ensure that the world would never again witness such atrocities as committed by the Nazi regime. While, arguably, there has been no such great loss of human lives as during WWII, genocidal incidents have and still take place. After WWII, we have witnessed the genocides in Cambodia, Rwanda, Bosnia, Darfur, to name only a few. The responses to these atrocities have always been inadequate. Every time the world leaders would come together to renew their promise of ‘Never Again'. However, the promise has never materialised. In 2014, Daesh unleashed genocide against religious minorities in Syria and Iraq. Before the world managed to shake off from the atrocities, in 2016, the Burmese military launched a genocidal campaign against the Rohingya Muslims in Myanmar. This was followed by reports ofever-growing atrocities against Christian minorities in Nigeria. Without waiting too long, in 2018, China proceeded with its genocidal campaign against the Uyghur Muslims. In 2020, the Tigrayans became the victims of ethnic targeting. Five cases of mass atrocities that, in the space of just five years, all easily meet the legal definition of genocide. Again, the response that followed each case has been inadequate and unable to make a difference to the targeted communities. This legacy does not give much hope for the future. The question that this books hopes to address is what needs to change to ensure that we are better equipped to address genocide and prevent the crime in the future.

Written by an international judge, professor and former ambassador with decades of experience in the field, this is an incisive and highly readable book about international law as well as realpolitik in bilateral and multilateral diplomacy in the quest for justice by victims of serious human rights violations amounting to grave crimes of international concern.Focusing on the plight of the ethnic and religious group of persons called the ‘Rohingya', normally residing in Myanmar, as the case study, the book elaborates the complex legal technicalities and impediments in international courts and foreign domestic criminal courts exercising ‘universal jurisdiction'in relation to acts amounting to genocide, crimes against humanity and/or war crimes. It builds on and adds value to existing literature on the international law applicable to the protection of human rights as interpreted by the International Court of Justice as well as that on the international criminal justice meted out by domestic criminal courts, ad hoc international criminal tribunals and the permanent International Criminal Court.The book will be essential reading for students, researchers and academics in public international law, international criminal law, international human rights law as well as government officials and those working for NGOs and international organizations with mandates in these fields.

This book explores the relationship between the Responsibility to Protect (R2P) and the International Criminal Court (ICC), challenging the assumption that they are always mutually reinforcing or complementary, and examining instead the many tensions which arise between the immediate imperative of saving lives, and the more long-term prospect of punishing perpetrators and preventing future conflicts through deterrence.Around the world, audiences in the mid-1990s watched the mass atrocities unfolding in Rwanda and Srebrenica in horror and disbelief. Emerging from these disasters came an international commitment to safeguard and protect vulnerable communities, as laid out in the R2P principle, and an international responsibility to punish perpetrators, with the establishment of the ICC. The book provides context-independent proposals for resolving contradictions between the two principles, suggesting that focusing on timing and sequencing in invoking international R2P and ICC actions could facilitate the easing of tensions. Drawing on examples from Uganda, Kenya, and Darfur, the book applies International Relations concepts and theories in order to deepen our understanding of international responses to mass atrocities. Ultimately the book concludes that a'Protection First, Justice Later'sequence approach is necessary for managing the tension and facilitating more effective and consistent international responses.This book makes an important contribution to discussions and debates surrounding international responses to genocide and mass atrocities. It will be of special interest to scholars, students and policymakers in International Relations, Global Governance, African Studies, International Development, Human Rights and International Criminal Law.

Beginning with the negotiations that concluded with the unanimous adoption of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide on December 9, 1948, and extending to the present day, the United States, Soviet Union/Russia, China, United Kingdom, and France have put forth great effort to ensure that they will not be implicated in the crime of genocide. If this were to fail, they have also ensured that holding any of them accountable for genocide will be practically impossible. By situating genocide prevention in a system of territorial jurisdiction; by excluding protection for political groups and acts constituting cultural genocide from the Genocide Convention; by controlling when genocide is meaningfully named at the Security Council; and by pointing the responsibility to protect in directions away from any of the P-5, they have achieved what can only be described as practical impunity for genocide. The Politics of Genocide is the first book to explicitly demonstrate how the permanent member nations have exploited the Genocide Convention to isolate themselves from the reach of the law, marking them as'outlaw states.'

What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.

Le génocide des Tutsi au Rwanda est un fait juridique indéniable. Il hante les relations entre ce pays et le monde occidental en général et la France en particulier. Le cas français est à cet effet un terrain intellectuel et scientifique de premier ordre dès lors qu'il a participé au drame rwandais bien avant l'année tragique de 1994. Les dossiers individuels traités à ce jour « Au nom du Peuple français » par la justice française sont discutés, jugés, contestés. Cet ouvrage collectif entend mettre en évidence les dossiers judiciaires relatifs au génocide des Tutsi au Rwanda à partir du cas de la France et des décisions et arrêts des juridictions internationales, européennes, constitutionnelles, administratives et judiciaires.

In this pathbreaking study, Pamela Steiner deconstructs the psychological obstacles that have prevented peaceful settlements to longstanding issues.The book re-examines more than 100 years of destructive ethno-religious relations among Armenians, Turks, and Azerbaijanis through the novel lens of collective trauma. The author argues that a focus on embedded, transgenerational collective trauma is essential to achieving more trusting, productive, and stable relationships in this and similar contexts. The book takes a deep dive into history - analysing the traumatic events, examining and positing how they motivated the actions of key players (both victims and perpetrators), and revealing how profoundly these traumas continue to manifest today among the three peoples, stymying healing and inhibiting achievement of a basis for positive change. The author then proposes a bold new approach to “conflict resolution” as a complement to other perspectives, such as power-based analyses and international human rights. Addressing the psychological core of the conflict, the author argues that a focus on embedded collective trauma is essential in this and similar arenas.

This book critiques the dominant physical and biological interpretation of the Genocide Convention and argues that the idea of'culture'is central to properly understanding the crime of genocide.Using Raphael Lemkin's personal papers, archival materials from the State Department and the UN, as well as the mid-century secondary literature, it situates the convention in the longstanding debate between Enlightenment notions of universality and individualism, and Romantic notions of particularism and holism. The author conducts a thorough review of the treaty and its preparatory work to show that the drafters brought strong culturalist ideas to the debate and that Lemkin's ideas were held widely in the immediate postwar period. Reconstructing the mid-century conversation on genocide and situating it in the much broader mid-century discourse on justice and society he demonstrates that culture is not a distraction to be read out of the Genocide Convention; it is the very reason it exists. This volume poses a forceful challenge to the materialist interpretation and calls into question decades of international case law. It will be of interest to scholars of genocide, human rights, international law, the history of international law and human rights, and treaty interpretation.

When and how might the term genocide appropriately be ascribed to the experience of North American Indigenous nations under settler colonialism? Laurelyn Whitt and Alan W. Clarke contend that, if certain events which occurred during the colonization of North America were to take place today, they could be prosecuted as genocide. The legal methodology that the authors develop to establish this draws upon the definition of genocide as presented in the United Nations Genocide Convention and enhanced by subsequent decisions in international legal fora. Focusing on early British colonization, the authors apply this methodology to two historical cases: that of the Beothuk Nation from 1500–1830, and of the Powhatan Tsenacommacah from 1607–77. North American Genocides concludes with a critique of the Conventional account of genocide, suggesting how it might evolve beyond its limitations to embrace the role of cultural destruction in undermining the viability of human groups.

Judge Mettraux's four-volume compendium, International Crimes: Law and Practice, will provide the most detailed and authoritative account to-date of the law of international crimes. It is a scholarly tour de force providing a unique blend of academic rigour and an insight into the practice of international criminal law. The compendium is un-rivalled in its breadth and depth, covering almost a century of legal practice, dozens of jurisdictions (national and international), thousands of decisions and judgments and hundreds of cases. This first volume discusses in detail the law of genocide: its definition, elements, normative status, and relationship to the other core international crimes. While the book is an invaluable tool for academics and researchers, it is particularly suited to legal practitioners, guiding the reader through the practical and evidential challenges associated with the prosecution of international crimes.

Originally approved as a master of laws thesis by a respected Canadian university, this book tackles one of the most compelling issues of our time—the crime of genocide—and whether in fact it can be said to have occurred in relation to the many Original Nations on Great Turtle Island now claimed by a state called Canada. It has been hailed as groundbreaking by many Indigenous and other scholars engaged with this issue, impacting not just Canada but states worldwide where entrapped Indigenous nations face absorption by a dominating colonial state. Starblanket unpacks Canada's role in the removal of cultural genocide from the Genocide Convention, though the disappearance of an Original Nation by forced assimilation was regarded by many states as equally genocidal as destruction by slaughter. Did Canada seek to tailor the definition of genocide to escape its own crimes which were then even ongoing? The crime of genocide, to be held as such under current international law, must address the complicated issue of mens rea (not just the commission of a crime, but the specific intent to do so). This book permits readers to make a judgment on whether or not this was the case. Starblanket examines how genocide was operationalized in Canada, focused primarily on breaking the intergenerational transmission of culture from parents to children. Seeking to absorb the new generations into a different cultural identity—English-speaking, Christian, Anglo-Saxon, termed Canadian—Canada seized children from their parents, and oversaw and enforced the stripping of their cultural beliefs, languages and traditions, replacing them by those still in process of being established by the emerging Canadian state.

Die Arbeit analysiert die Wendung ›intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such‹ aus Art. II der Völkermordkonvention. Die Untersuchung des Gruppenbegriffs kommt zu dem Ergebnis, dass die einzelnen Gruppentypen positiv und anhand möglichst objektiver Kriterien zu definieren sind. Zudem erfolgt eine Auseinandersetzung mit dem Teilgruppenbegriff mit dem Resultat, dass dieser die Feststellung der relativen Quantität des Gruppenteils in Bezug auf die Gruppe voraussetzt. Schließlich befasst die Arbeit sich mit der Definition des den Völkermord charakterisierenden ›special intent‹. Der Täter muss in Hinblick auf die Gruppenzerstörung mit zielgerichteter Absicht vorgehen und dabei wissen, dass es bei ungestörtem Geschehensverlauf zu einer tatsächlichen Existenzgefährdung der Gruppe kommt. Im Rahmen der Untersuchung der Wendung ›as such‹ erfolgt eine gründliche Auseinandersetzung mit dem Motivbegriff. Der Ausdruck reichert die Zerstörungsabsicht im Ergebnis insoweit an, als der Täter die Gruppenvernichtung in Anbetracht ihrer inneren Zusammensetzung zielgerichtet verfolgt haben muss.

Is the Armenian Genocide a strictly historical matter? If that is the case, why is it still a topical issue, capable of causing diplomatic rows and heated debates? The short answer would be that the century old Armenian Genocide is much more than a historical question. It emerged as a political dilemma on the international arena at the San Stefano peace conference in 1878 and has remained as such into our days. The disparity between knowledge and acknowledgement, mainly ascribable to Turkey's official denial of the genocide, has only heightened the politicization of the Armenian question. Thus, the memories of the WWI era refuse to be relegated to the pages of history but are rather perceived as a vivid presence. This is the result of the perpetual process of politics of memory. The politics of memory is an intricate and interdisciplinary negotiation, engaging many different actors in the society who have access to a wide range of resources and measures in order to achieve their goals. By following the Armenian question during the past century up to its Centennial Commemoration in 2015, this study aims to explain why and how the politics of memory of the Armenian Genocide has kept it as a topical issue in our days.

The Genocide Convention was drafted by the United Nations in the late 1940s, as a response to the horrors of the Second World War. But was the Genocide Convention truly effective at achieving its humanitarian aims, or did it merely exacerbate the divisive rhetoric of Cold War geopolitics? A Rhetorical Crime shows how genocide morphed from a legal concept into a political discourse used in propaganda battles between the United States and the Soviet Union. Over the course of the Cold War era, nearly eighty countries were accused of genocide, and yet there were few real-time interventions to stop the atrocities committed by genocidal regimes like the Cambodian Khmer Rouge. Renowned genocide scholar Anton Weiss-Wendt employs a unique comparative approach, analyzing the statements of Soviet and American politicians, historians, and legal scholars in order to deduce why their moral posturing far exceeded their humanitarian action.

This book deals with affects and memories from extreme traumatization of Jewish survivors, who were children themselves during the Holocaust, and teenagers who survived the genocide in Rwanda in 1994, presenting an illustration of how complex affect regulating is for traumatized individuals.

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 intentto 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.

After the staggering horrors of World War II and the Holocaust, the United Nations resolved to prevent and punish the crime of genocide throughout the world. The resulting UN Genocide Convention treaty, however, was drafted, contested, and weakened in the midst of Cold War tensions and ideological struggles between the Soviet Union and the West. Based on extensive archival research, Anton Weiss-Wendt reveals in detail how the political aims of the superpowers rendered the convention a weak instrument for addressing abuses against human rights. The Kremlin viewed the genocide treaty as a political document and feared repercussions. What the Soviets wanted most was to keep the subjugation of Eastern Europe and the vast system of forced labor camps out of the genocide discourse. The American Bar Association and Senate Committee on Foreign Relations, in turn, worried that the Convention contained vague formulations that could be used against the United States, especially in relation to the plight of African Americans. Sidelined in the heated discussions, Weiss-Wendt shows, were humanitarian concerns for preventing future genocides.

The law governing the relationship between speech and core international crimes — a key component in atrocity prevention — is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a Unified Liability Theory, which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as Incitement Law or International Hate Speech Law, labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: atrocity speech law.

Based on a series of detailed case studies, this book presents the history of genocide in Africa within the specific context of African history, examining conflicts in countries such as Burundi, Democratic Republic of Congo, Namibia, Rwanda, and Sudan.Why has Africa been the subject of so many accusations related to genocide? Indeed, the number of such allegations related to Africa has increased dramatically over the past 15 years. Popular racist mythology might suggest that Africans belong to'tribes'that are inherently antagonistic towards each other and therefore engage in'tribal warfare'which cannot be rationally explained. This concept is wrong, as Timothy J. Stapleton explains in A History of Genocide in Africa: the many conflicts that have plagued post-colonial Africa have had very logical explanations, and very few of these instances of African warring can be said to have resulted in genocide.Authored by an expert historian of Africa, this book examines the history of six African countries—Namibia, Rwanda, Burundi, Democratic Republic of Congo, Sudan, and Nigeria—in which the language of genocide has been mobilized to describe episodes of tragic mass violence. It seeks to place genocide within the context of African history, acknowledging the few instances where the international legal term genocide has been applied appropriately to episodes of mass violence in African history and identifying the many other cases where it has not and instead the term has been used in a cynical manipulation to gain some political advantage.Readers will come to understand how, to a large extent, genocide accusations related to post-colonial Africa have often served to prolong wars and cause greater loss of life. The book also clarifies how in areas of Africa where genocides have actually occurred, there appears to have been a common history of the imposition of racial ideologies and hierarchies during the colonial era—which when combined with other factors such as the local geography, demography, religion, and/or economics, resulted in tragic and appalling outcomes.

The twentieth century has been called, not inaccurately, a century of genocide. And the beginning of the twenty-first century has seen little change, with genocidal violence in Darfur, Congo, Sri Lanka, and Syria. Why is genocide so widespread, and so difficult to stop, across societies that differ so much culturally, technologically, and politically?That's the question that this collection addresses, gathering a stellar roster of contributors to offer a range of perspectives from different disciplines to attempt to understand the pervasiveness of genocidal violence. Challenging outdated beliefs and conventions that continue to influence our understanding, Genocide constitutes a major contribution to the scholarship on mass violence.

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.

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.'

Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law: genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts. The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.

Academics, NGOs, the United Nations, and individual nations are focused on the prevention and intervention of genocide. Traditionally, missions to prevent or intervene in genocide have been sporadic and under-resourced. The contributors to this volume consider some of the major stumbling blocks to the avoidance of genocide. Bartrop and Totten argue that realpolitik is the major impediment to the elimination of genocide. Campbell examines the lack of political will to confront genocide, and Theriault describes how denial becomes an obstacle to intervention against genocide. Loyle and Davenport discuss how intervention is impeded by a lack of reliable data on genocide violence, and Macgregor presents an overview of the influence of the media. Totten examines how the UN Convention on Genocide actually impedes anti-genocide efforts; and how the institutional configuration of the UN is itself often a stumbling block. Addressing an issue that is often overlooked, Travis examines the impact of global arms trade on genocide. Finally, Hiebert examines how international criminal prosecution of atrocities can impede preventive efforts, and Hirsch provides an analysis of the strengths, weaknesses, and effectiveness of major international and national prescriptions developed over the last decade. The result is a distinguished addition to Transaction's prestigious Genocide Studies series.

This book confronts the problem of the legal uncertainty surrounding the definition and classification of ethnic cleansing, exploring whether the use of the term ethnic cleansing constitutes a valuable contribution to legal understanding and praxis. The premise underlying this book is that acts of ethnic cleansing are, first and foremost, a criminal issue and must therefore be precisely placed within the context of the international law order. In particular, it addresses the question of the specificity of the act and its relation to existing categories of international crime, exploring the relationship between ethnic cleansing and genocide, but also extending to war crimes and crimes against humanity. The book goes on to show how the current understanding of ethnic cleansing singularly fails to provide an efficient instrument for identification, and argues that the act, in having its own distinctive characteristics, conditions and exigencies, ought to be granted its own classification as a specific independent crime. Ethnic Cleansing: A Legal Qualification, will be of particular interest to students and scholars of International Law and Political Science.

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.

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.

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.

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.

Presented for the first time in English, Mammad Said Ordubadi's Years of Blood: A History of the Armenian-Azerbaijani Clashes in the Caucasus, 1905-1906, provides detailed reports of the tragic events of those dramatic years. Written during the aftershock and completed in 1908, the book was not published until 1911, but immediately impressed for its use of local correspondents. Later, however, it was removed from public view as it did not comply with official ideology. Ordubadi was a celebrated historical researcher, journalist, novelist and librettist, but assessments of his writings made no mention of Years of Blood. Written in his native Azerbaijani in the Arabic script in use at that time, one of the principal sources on the Armenian-Muslim conflicts of 1905-1906 has remained obscured from scholarship until now. In view of the still unresolved Nagorno-Karabagh war between Armenia and Azerbaijan, this English translation of historical record is timely; for Ordubadi notes in his book a situation that continues today:'Along with the Russian and Caucasian press, European and American publications speak heatedly and exhibit the closest interest in these events and their causes. We should also know that the articles published in the foreign press are full of contradictions and differences.'

Volume II of the International Criminal Law Practitioner Library series focuses on the core categories of international crimes: crimes against humanity, genocide, and war crimes. The authors present a comprehensive and critical review of the law on the elements of these crimes and their underlying offences, and examine how they interact with the forms of responsibility discussed in Volume I. They also consider the effect of the focus in early ICTY and ICTR proceedings on relatively low-level accused for the development of legal definitions that are sometimes ill-suited for leadership cases, where the accused had little or no physical involvement in the crimes. The book's main focus is the jurisprudence of the ad hoc Tribunals, but the approaches of the ICC and the various hybrid tribunals are also given significant attention. The relevant jurisprudence up to 1 December 2007 has been surveyed, making this a highly useful and timely work.

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 Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.