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This work gathers together for the first time in a single publication the records of the multitude of meetings which, in the context of the newly established United Nations, led to the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide on 9 December 1948. This work will enable academics and practitioners easy access to the Genocide Convention’s travaux préparatoires – an endeavour that has until now proven extremely difficult. This work will be of paramount importance for the international adjudication of the crime of genocide insofar as recourse to the “general rule of interpretation” and the “supplementary means of interpretation” under the 1969 Vienna Convention on the Law of Treaties is concerned.
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.
The current surge of displaced and trafficked children, child soldiers, and child refugees rekindles the virtually dead letter of the Genocide Convention prohibition on transferring children of one group to another. This book focuses on the gap between genocide as a legal term and genocidal forcible child transfer as a catastrophic experience that disrupts a group’s continuity. It probes the Genocide Convention’s boundaries and draws attention to the diverse, yet highly similar, patterns of forcible child transfers cases such as colonial genocide in the US, Canada, and Australia, Jewish-Yemeni immigrants in Israel, children of Republican parents during the Spanish Civil War and its aftermath, and Operation Peter Pan in Cuba. The analysis highlights the consequences of the under-inclusive protection granted only to four groups. Ruth Amir argues effectively for the need to add an Amending Protocol to the Genocide Convention to protect from forcible transfer to children of any identifiable group of persons perpetrated with the intent to destroy the group as such. This proposed provision together with Communications and Rapid Inquiry Procedures will highlight the gravity of forcible child transfers and contribute to the prevention and punishment of genocide.
The series Genocide and Mass Violence in the Age of Extremes wants to provide an interdisciplinary forum for research on mass violence and genocide during the "short" 20th century. It will highlight the role of state and non-state actors, the perspectives of perpetrators, victims, and bystanders, and put violent events of the Age of Extremes in a larger political, social, and most important, cultural context. Anthologies and monographs will provide academic and non-academic readers with a deep insight into and a better understanding for the reasons, the acts, and the consequences or mass violence and genocide from a global perspective. Titles of the series will be published in print and OPEN ACCESS. Advisory Board: Omer Bartov (Brown University) Wolfgang Benz (TU Berlin) Elissa Bemporad (Queens College, CUNY) Nida Kirmani (LUMS, Pakistan) Thomas Kühne (Clark University) Michael Pfeifer (John and Jay College of Criminal Justice, CUNY) Jürgen Zimmerer (University of Hamburg)
Historically delineates the problems of genocide as a concept in relation to rival categories of mass violence.
Genocide: A Comprehensive Introduction is the most wide-ranging textbook on genocide yet published. The book is designed as a text for upper-undergraduate and graduate students, as well as a primer for non-specialists and general readers interested in learning about one of humanity’s enduring blights. Fully updated to reflect the latest thinking in this rapidly developing field, this unique book: Provides an introduction to genocide as both a historical phenomenon and an analytical-legal concept, including the concept of genocidal intent, and the dynamism and contingency of genocidal processes. Discusses the role of state-building, imperialism, war, and social revolution in fuelling genocide. Supplies a wide range of full-length case studies of genocides worldwide, each with a supplementary study. Explores perspectives on genocide from the social sciences, including psychology, sociology, anthropology, political science/international relations, and gender studies. Considers "The Future of Genocide," with attention to historical memory and genocide denial; initiatives for truth, justice, and redress; and strategies of intervention and prevention. Highlights of the new edition include: Nigeria/Biafra as a "contested case" of genocide Extensive new material on the Kurds, Islamic State/ISIS, and the civil wars/genocide in Iraq and Syria. Conflict and atrocities in the world’s newest state, South Sudan. The role, activities, and constraints of the United Nations Office of Genocide Prevention. Many new testimonies from genocide victims, survivors, witnesses—and perpetrators. Dozens of new images, including a special photographic essay. Written in clear and lively prose with over 240 illustrations and maps, Genocide: A Comprehensive Introduction remains the indispensable text for new generations of genocide study and scholarship. An accompanying website (www.genocidetext.net) features a broad selection of supplementary materials, teaching aids, and Internet resources.
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.
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.
This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.
The Routledge Handbook of Heritage Destruction presents a comprehensive view on the destruction of cultural heritage and offers insights into this multifaceted, interdisciplinary phenomenon; the methods scholars have used to study it; and the results these various methods have produced. By juxtaposing theoretical and legal frameworks and conceptual contexts alongside a wide distribution of geographical and temporal case studies, this book throws light upon the risks, and the realizations, of art and heritage destruction. Exploring the variety of forces that drive the destruction of heritage, the volume also contains contributions that consider what forms heritage destruction takes and in which contexts and circumstances it manifests. Contributors, including local scholars, also consider how these drivers and contexts change, and what effect this has on heritage destruction, and how we conceptualise it. Overall, the book establishes the importance of the need to study the destruction of art and cultural heritage within a wider framework that encompasses not only theory but also legal, military, social, and ontological issues. The Routledge Handbook of Heritage Destruction will contribute to the development of a more complete understanding and analysis of heritage destruction. The Handbook will be useful to academics, students, and professionals with interest in heritage, conservation and preservation, history and art history, archaeology, anthropology, philosophy, and law.