Genocide in International Law: The Crime of Crimes

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Cambridge University Press, Feb 19, 2009 - Political Science
The 1948 Genocide Convention has become a vital legal tool in the international campaign against impunity. Its provisions, including its enigmatic definition of the crime and its pledge both to punish and prevent the 'crime of crimes', have now been interpreted in important judgments by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda and various domestic courts. The second edition of this definitive work focuses on the judicial interpretation of the Convention, relying on debates in the International Law Commission, political statements in bodies like the General Assembly of the United Nations and the growing body of case law. Attention is given to the concept of protected groups, to problems of criminal prosecution and to issues of international judicial cooperation, such as extradition. The duty to prevent genocide and its relationship with the emerging doctrine of the 'responsibility to protect' are also explored.
 

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Contents

Origins of the legal prohibition of genocide
17
developments
59
Groups protected by the Convention
117
The physical element or actus reus of genocide
172
The mental element or mens rea of genocide
241
Other acts of genocide
307
Defences to genocide
367
8
385
tribunals
400
9
491
The three principal drafts of the Convention
655
Bibliography
672
Index
711
Copyright

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About the author (2009)

William A. Schabas OC MRIA is Director of the Irish Centre for Human Rights and Professor of Human Rights Law at the National University of Ireland, Galway. The author of many books and journal articles on the subject of international rights law, Professor Schabas has served as an international member of the Sierra Leone Truth and Reconciliation Commission (2002 to 2004). He is also a member of the Board of Trustees of the United Nations Voluntary Fund for Technical Assistance in the Field of Human Rights, an Officer of the Order of Canada and a Member of the Royal Irish Academy.

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