Genocide in International Law: The Crime of CrimesThe 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. |
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 |
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Common terms and phrases
According acts adopted amendment Appeals application Assembly Bosnia and Herzegovina charged Code Commission committed Committee concerning considered constitute Court Crime of Genocide crimes against humanity cultural Darfur debate December defence defined definition destroy destruction direct draft effect element established ethnic existence favour force former Yugoslavia France Genocide Convention Government Human Rights Ibid incitement indicate individual intent International Court International Criminal Court International Criminal Tribunal International Law interpretation issue Judge Judgment July jurisdiction killing means measures Military object obligation offence opinion para paras parties persons physical political Prevention and Punishment principle proposed prosecution Prosecutor protected provision question racial reference religious Report Republic reservations resolution respect responsibility result Rule Rwanda Security Council Sentence Session Soviet specific Statute suggested term territory treaty Trial Trial Chamber UN Doc United Kingdom United Nations universal whole