genocide state crime and the law in the name of the state

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Genocide State Crime And The Law

Author : Jennifer Balint
ISBN : 9781136654145
Genre : Law
File Size : 60. 50 MB
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Genocide, State Crime and the Law critically explores the use and role of law in the perpetration, redress and prevention of mass harm by the state. In this broad ranging book, Jennifer Balint charts the place of law in the perpetration of genocide and other crimes of the state together with its role in redress and in the process of reconstruction and reconciliation, considering law in its social and political context. The book argues for a new approach to these crimes perpetrated 'in the name of the state' - that we understand them as crimes against humanity with particular institutional dimensions that law must address to be effective in accountability and as a basis for restoration. Focusing on seven instances of state crime - the genocide of the Armenians by the Ottoman state, the Holocaust and Nazi Germany, Cambodia under the Khmer Rouge, apartheid South Africa, Ethiopia under Mengistu and the Dergue, the genocide in Rwanda, and the conflict in the former Yugoslavia - and drawing on others, the book shows how law is companion and collaborator in these acts of nation-building by the state, and the limits and potentials of law's constitutive role in post-conflict reconstruction. It considers how law can be a partner in destruction yet also provide a space for justice. An important, and indeed vital, contribution to the growing interest and literature in the area of genocide and post-conflict studies, Genocide, State Crime and the Law will be of considerable value to those concerned with law's ability to be a force for good in the wake of harm and atrocity.

State Criminality

Author : Dawn Rothe
ISBN : 9780739126714
Genre : Political Science
File Size : 85. 29 MB
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State crimes are historically and contemporarily ubiquitous and result in more injury and death than traditional street crimes such as robbery, theft, and assault. Consider that genocide during the 20th century in Germany, Rwanda, Darfur, Albania, Turkey, Ukraine, Cambodia, Bosnia-Herzegovina, and other regions claimed the lives of tens of millions and rendered many more homeless, imprisoned, and psychologically and physically damaged. Despite the gravity of crimes committed by states and political leaders, until recently these harms have been understudied relative to conventional street crimes in the field of criminology. Over the past two decades, a growing number of criminologists have conducted rigorous research on state crime and have tried to disseminate it widely including attempts to develop courses that specifically address crimes of the state. Referencing a broad range of cases of state crime and international institutions of control, State Criminality provides a general framework and survey-style discussion of the field for teaching undergraduate and graduate students, and serves as a useful general reference point for scholars of state crime.

State Crime

Author : Dawn Rothe
ISBN : 9780813549002
Genre : Law
File Size : 68. 56 MB
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Current media and political discourse on crime has long ignored crimes committed by States themselves, despite their greater financial and human toll. For the past two decades, scholars have examined how and why States violate their own laws and international law and explored what can be done to reduce or prevent these injustices. Through a collection of essays by leading scholars in the field, State Crime offers a set of cases exemplifying state criminality along with various methods for controlling governmental transgressions. With topics ranging from crimes of aggression to nuclear weapons to the construction and implementation of social controls, this volume is an indispensable resource for those who examine the behavior of States and those who study crime in its varied forms.

The Crime Of State Genocide United Nations Legislation On International Criminal Law

Author : Pieter Nicolaas Drost
ISBN : IND:32000004636595
Genre : Crimes against humanity
File Size : 81. 90 MB
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The Criminal Law Of Genocide

Author : Paul Behrens
ISBN : 9781317036968
Genre : Law
File Size : 72. 30 MB
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This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.

Genocide And Crimes Against Humanity

Author : Caroline Fournet
ISBN : 9781782250692
Genre : Law
File Size : 90. 52 MB
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This book explores the ambiguities of the French law of genocide by exposing the inexplicable dichotomy between a progressive theory and an overly conservative practice. Based on the observation that the crime of genocide has remained absent from French courtrooms to the benefit of crimes against humanity, this research dissects the reasons for this absence, reviewing and analysing the potential legal obstacles to the judicial use of the law of genocide before contemplating the definitional impact of this judicial reluctance and the consequent confusion between the two crimes. Whilst it uses the French law of genocide and related case law on crimes against humanity as its focal points, the book further adopts a more general standpoint, suggesting that the French misunderstandings of the crime of genocide might ultimately be symptomatic of a more widespread misconception of the crime of genocide as a crime perpetrated against 'a group'.

Genocide In International Law

Author : William A. Schabas
ISBN : 9780521883979
Genre : Law
File Size : 76. 61 MB
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Previous edition, 1st, published in 2000.

Britain S Hidden Role In The Rwandan Genocide

Author : Hazel Cameron
ISBN : 9780415533393
Genre : Law
File Size : 42. 14 MB
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Britaine(tm)s Hidden Role in the Rwandan Genocide examines the role of the United Kingdom as a global elite bystander to the crime of genocide, and its complicity - in violation of international criminal laws - in the Rwandan genocide of 1994. As prevailing accounts confine themselves to the role and actions of the United States and the United Nations, the full picture of Rwandae(tm)s genocide has yet to be revealed. Hazel Cameron demonstrates that it is the unravelling of the criminal role and actions of the British that illuminates a more detailed answer to the question of e~whye(tm) the genocide in Rwanda occurred. In this book, she provides a systematic and detailed analysis of the policies of the British Government towards civil unrest in Rwanda throughout the 1990s that culminated in genocide. Utilising documentary evidence obtained as a result of Freedom of Information requests to the Foreign and Commonwealth Office, as well as material obtained through extensive interviews - with British government cabinet members, diplomats, Ambassadors to the United Nations Security Council, prisoners in Rwanda convicted of being leaders and organisers of genocide, and victims and survivors of genocide in Rwanda e" she finds that the actions of the British and French governments, both before and during the Rwandan genocide of 1994, were disassociated from human rights norms. It is suggested herein that the decision-making of the Major government during the period of 1990 e" 1994 was for the advancement of the interrelated goals of maintaining power status and ensuring economic interests in key areas of Africa, inferring a substantial degree of complicity in genocide by omission. That international politics is a strategic game has evidenced itself in the roles played by both the government of the United Kingdom and France in seeking to maximise their respective political and economic interests out with the existing international criminal constraints during the genocide in Rwanda. A micro study of the actions of the French Operation Turquoise reveals their actions to be clearly definable as complicity in genocide by commission. This account of the legal culpability of the powerful within the corridors of government in both London and Paris evidences that these behaviours cannot be conceptualised under existing notions of state crime and this research serves to illuminate the inadequacies and limitations of a concept of state crime in international law as it currently stands and will be of interest to anyone concerned with the misuse of state power.

The Genocide Convention

Author : John Quigley
ISBN : 9781409493075
Genre : Political Science
File Size : 38. 29 MB
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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.

The Crime Of All Crimes

Author : Nicole Rafter
ISBN : 9781479805969
Genre : Social Science
File Size : 42. 42 MB
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Cambodia. Rwanda. Armenia. Nazi Germany. History remembers these places as the sites of unspeakable crimes against humanity, and indisputably, of genocide. Yet, throughout the twentieth century, the world has seen many instances of violence committed by states against certain groups within their borders—from the colonial ethnic cleansing the Germans committed against the Herero tribe in Africa, to the Katyn Forest Massacre, in which the Soviets shot over 20,000 Poles, to anti-communist mass murders in 1960s Indonesia. Are mass crimes against humanity like these still genocide? And how can an understanding of crime and criminals shed new light on how genocide—the “crime of all crimes”—transpires? In The Crime of All Crimes, criminologist Nicole Rafter takes an innovative approach to the study of genocide by comparing eight diverse genocides--large-scale and small; well-known and obscure—through the lens of criminal behavior. Rafter explores different models of genocidal activity, reflecting on the popular use of the Holocaust as a model for genocide and ways in which other genocides conform to different patterns. For instance, Rafter questions the assumption that only ethnic groups are targeted for genocidal “cleansing," and she also urges that actions such as genocidal rape be considered alongside traditional instances of genocidal violence. Further, by examining the causes of genocide on different levels, Rafter is able to construct profiles of typical victims and perpetrators and discuss means of preventing genocide, in addition to delving into the social psychology of genocidal behavior and the ways in which genocides are brought to an end. A sweeping and innovative investigation into the most tragic of events in the modern world, The Crime of All Crimes will fundamentally change how we think about genocide in the present day.

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