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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.
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 number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.
The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future. "
This book is concerned with the connection between the formal structure of agency and the formal structure of genocide. The contributors employ philosophical approaches to explore the idea of genocidal violence as a structural element in the world. Do mechanisms or structures in nation-states produce types of national citizens that are more susceptible to genocidal projects? There are powerful arguments within philosophy that in order to be the subjects of our own lives, we must constitute ourselves specifically as national subjects and organize ourselves into nation states. Additionally, there are other genocidal structures of human society that spill beyond historically limited episodes. The chapters in this volume address the significance—moral, ethical, political—of the fact that our very form of agency suggests or requires these structures. The contributors touch on topics including birthright citizenship, contemporary mass incarceration, anti-black racism, and late capitalism. Logics of Genocide will be of interest to scholars and advanced students working in philosophy, critical theory, genocide studies, Holocaust and Jewish studies, history, and anthropology.
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
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.
Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides an article-by-article analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each of the 128 articles is accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute.This volume has been well-received in the academic community and has become a trusted reference for those who work at the Court, even judges. The fully updated second edition of The International Criminal Court incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.
The interpretive process in International Criminal Law (›ICL‹) is characterised by a conflict between the requirements for stability and change. On the one hand, ICL provides for the ›criminal‹ responsibility of individuals. Thus, there is an enhanced requirement for legal certainty: According to the principle of legality, the addressee of the law must be able to identify the prohibited conduct in advance in order to be able to avoid criminal sanctions. On the other hand, however, ICL forms part of ›international‹ law. Hence, it derives to some extent from international treaties. Whereas the forms of criminal conduct are continuously evolving, treaties are rather static instruments – they cannot be adapted to a changing environment within a short period of time. Thus, reality is developing at a pace that the law cannot always match. In consequence, there is a certain need to account for evolving circumstances within the framework of interpretation. The aim of this book is to review the consequences of this conflict for the interpretation of ICL. How can the conflicting requirements be brought into balance? Can substantive rules of ICL be interpreted in a ›dynamic‹ fashion to the detriment of the accused without violating the principle of legality? How do international criminal courts and tribunals deal with this issue?
The International Criminal Court has been operational since mid-2003, following the entry into force of the Rome Statute of the International Criminal Court on 1 July 2002. The Rome Statute is among the most complex international treaties, a combination of public international law, international humanitarian law and criminal law, both international and domestic. The Commentary provides an article-by-article analysis of the Statute. Each of the 128 articles is presented accompanied by a bibliography of academic literature relevant to that provision, an overview of the drafting history of the provision and an analysis of the text. The analytical portion of each chapter draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and the related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence and the Relationship Agreement with the United Nations. Written by a single author, the Commentary avoids duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret and apply the complex provisions of the Rome Statute