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THE UNCG is a complicated piece of international law. This book, authored by two experts on the topic of genocide, enables readers to more accurately analyze these horrific events.
Previous edition, 1st, published in 2000.
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.
Genocide is acknowledged as 'the crime of crimes'. This book is the product of an encounter between scholars of historical and legal disciplines which have joined forces to address the question of whether the legal concept of genocide still corresponds with the historical and social perception of the phenomenon.
Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
How both the Soviet Union and the United States manipulated and weakened the drafting of the United Nations Genocide Convention treaty in the midst of the Cold War.
Historically delineates the problems of genocide as a concept in relation to rival categories of mass violence.
Genocide occurs in every time period and on every continent. Using the 1948 U.N. definition of genocide as its departure point, this book examines the main episodes in the history of genocide from the beginning of human history to the present. Norman M. Naimark lucidly shows that genocide both changes over time, depending on the character of major historical periods, and remains the same in many of its murderous dynamics. He examines cases of genocide as distinct episodes of mass violence, but also in historical connection with earlier episodes. Unlike much of the literature in genocide studies, Naimark argues that genocide can also involve the elimination of targeted social and political groups, providing an insightful analysis of communist and anti-communist genocide. He pays special attention to settler (sometimes colonial) genocide as a subject of major concern, illuminating how deeply the elimination of indigenous peoples, especially in Africa, South America, and North America, influenced recent historical developments. At the same time, the "classic" cases of genocide in the twentieth Century - the Armenian Genocide, the Holocaust, Rwanda, and Bosnia -- are discussed, together with recent episodes in Darfur and Congo.
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