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""Crimes against humanity" has become integral to contemporary political and legal discourse. The conceptual core of the term - an act offending against all of mankind -, however, runs deep in the history in international political thought. In an original excavation of this history, The Politics of Universal Crime examines theoretical mobilizations of the idea of "universal crime" in colonial and post-colonial contexts. The book demonstrates the overlooked centrality of humanity and criminality to political liberalism's historical engagement with world politics, thereby breaking with the exhaustively studied status of individual rights in liberal thought. It is argued that invocations of universal crime project humanity as a normatively integrated, yet minimally inclusive and hierarchically structured subject. Such visions of humanity have in turn underwritten justifications of foreign rule and outsider intervention based on claims to an injury universally suffered by all mankind. The study foregrounds the "political productivity" of universal crime that entails distinct figures, relationships and forms of authority and agency. The book traces this argument through European political theorists' deployments of universal crime in assessing the legitimacy of colonial rule and foreign intervention in non-European societies. Analyzing John Locke's notion of universal crime in the context of English colonialism, the concept's retooled circulation during the nineteenth century and contemporary cosmopolitanism's reliance on 'crimes against humanity', it identifies an 'inclusionary Eurocentrism' that subtends the authorizing and coercive dimensions of universal crime. Unlike much-studied 'exclusionary Eurocentrist' thinking, 'inclusionary Eurocentrist' arguments have historically extended an unequal, repressive 'recognition via liability' to non-European peoples"--
This book brings together jurisprudential debates on international criminal law, international law scholarship on the limits of state sovereignty, and applied political philosophy concerning responsibility and accountability in the context of mass political crimes and state criminality. It offers a compelling view of legal reasoning concerning accountability regimes in the Global South. No other study addresses questions of ethical dimensions of mass crimes and accountability for state criminality.
The international crime of "crimes against humanity" has become integral to contemporary political and legal discourse. However, the conceptual core of the term--an act against all of mankind--has a longer and deeper history in international political thought. In an original excavation of this history, The Humanity of Universal Crime examines theoretical mobilizations of the idea of universal crime in colonial and post-colonial contexts. Sinja Graf demonstrates the overlooked centrality of humanity and criminality to political liberalism's historical engagement with world politics, thereby breaking with the exhaustively studied status of individual rights in liberal thought. Graf argues that invocations of universal crime project humanity as a normatively integrated, yet minimally inclusive and hierarchically structured subject. Such visions of humanity have in turn underwritten justifications of foreign rule and outsider intervention based on claims to an injury universally suffered by all mankind. Foregrounding the "political productivity" of universal crime, the book traces the intellectual history of the rise, fall, and reappearance of notions of universal crime in political theory over time. It looks particularly at the way European theorists have deployed the concept in assessing the legitimacy of colonial rule and foreign intervention in non-European societies. The book argues that an "inclusionary Eurocentrism" subtends the authorizing and coercive dimensions of universal crime. Unlike much-studied "exclusionary Eurocentrist" thinking, "inclusionary Eurocentrist" arguments have historically extended an unequal, repressive "recognition via liability" to non-European peoples. Overall the book offers a novel view of how claims to act in the name of humanity are deeply steeped in practices that reproduce structures of inequality at a global level, particularly across political empires.
This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.
In this fresh edition of the book which has inspired the global justice movement, Geoffrey Robertson QC explains why we must hold political and military leaders accountable for genocide, torture and mass murder - the crimes against humanity that have disfigured the world. He shows how human rights standards can be enforced against cruel governments, armies and multi-national corporations. This seminal work now contains a critical perspective on recent events, such as the invasion of Iraq, the abuses at AbuGhraib, the killings in Darfur, the death of Milosevic and the trial of Saddam Hussein. Cautiously optimistic about ending impunity, but unsparingly critical of diplomats, politicians, Bush lawyers and others who evade international rules, this third edition will provide further guidance to a movement which aims to make justice predominant in world affairs. 'A beacon of clear-sighted commitment to the humanitarian cause. . . impassioned. . . exemplary. . . seminal' Observer
In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.
""Crimes against humanity" has become integral to contemporary political and legal discourse. The conceptual core of the term - an act offending against all of mankind -, however, runs deep in the history in international political thought. In an original excavation of this history, The Politics of Universal Crime examines theoretical mobilizations of the idea of "universal crime" in colonial and post-colonial contexts. The book demonstrates the overlooked centrality of humanity and criminality to political liberalism's historical engagement with world politics, thereby breaking with the exhaustively studied status of individual rights in liberal thought. It is argued that invocations of universal crime project humanity as a normatively integrated, yet minimally inclusive and hierarchically structured subject. Such visions of humanity have in turn underwritten justifications of foreign rule and outsider intervention based on claims to an injury universally suffered by all mankind. The study foregrounds the "political productivity" of universal crime that entails distinct figures, relationships and forms of authority and agency. The book traces this argument through European political theorists' deployments of universal crime in assessing the legitimacy of colonial rule and foreign intervention in non-European societies. Analyzing John Locke's notion of universal crime in the context of English colonialism, the concept's retooled circulation during the nineteenth century and contemporary cosmopolitanism's reliance on 'crimes against humanity', it identifies an 'inclusionary Eurocentrism' that subtends the authorizing and coercive dimensions of universal crime. Unlike much-studied 'exclusionary Eurocentrist' thinking, 'inclusionary Eurocentrist' arguments have historically extended an unequal, repressive 'recognition via liability' to non-European peoples"--
The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.
In the past twenty years, international criminal law has become one of the main areas of international legal scholarship and practice. Most textbooks in the field describe the evolution of international criminal tribunals, the elements of the core international crimes, the applicable modes of liability and defences, and the role of states in prosecuting international crimes. The Oxford Handbook of International Criminal Law, however, takes a theoretically informed and refreshingly critical look at the most controversial issues in international criminal law, challenging prevailing practices, orthodoxies, and received wisdoms. Some of the contributions to the Handbook come from scholars within the field, but many come from outside of international criminal law, or indeed from outside law itself. The chapters are grounded in history, geography, philosophy, and international relations. The result is a Handbook that expands the discipline and should fundamentally alter how international criminal law is understood.
Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.