As this chapter will show, we can say four things about the use of law in genocide
and state crime: law never authorizes murder in the perpetration of state crime; law can be used as a central tool in state oppression but not genocide; law ...
Author: Jennifer Balint
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.
This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach.
Author: Robert Cryer
Publisher: Cambridge University Press
This market-leading textbook gives an authoritative account of international criminal law, and the investigation and prosecution of crime, and guides the reader through controversies with an accessible and sophisticated approach. Now covers developments in the ICC, victims' rights, alternatives to international criminal justice, and has extended coverage of terrorism.
The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.
Author: John Quigley
Category: Political Science
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 1948 Genocide Convention is one of the most important instruments in international law. This title provides an analysis of each article of the Convention.
Author: Paola Gaeta
Publisher: Oxford University Press, USA
The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future.
The concept became the topic of debate and controversy upon its conclusion in Part 1 of the International Law Commission's Draft Articles on State Responsibility adopted on first reading in 1980.The book considers the history and merits of ...
Author: Nina H. B. Jørgensen
Publisher: Oxford University Press
The Responsibility of States for International Crimes focuses on the concept of state criminality which gained support following the First World War, but was pushed into the background by the development of the principle of individual criminal responsibility under international law after theSecond World War. The concept became the topic of debate and controversy upon its conclusion in Part 1 of the International Law Commission's Draft Articles on State Responsibility adopted on first reading in 1980.The book considers the history and merits of a concept which, it is argued, is currently on the threshold between lex ferenda and lex lata and has a place and existence in international law independent from the Draft Articles on State Responsibility. It is divided into five parts. Part I consists ofan historical introduction to the concept which deals with the issue of international accountability following the First and Second World Wars and goes on to trace efforts to codify and develop the law relating to international criminal responsibility. In Part II, the concept is analysed inaccordance with a 'criminal organization model' and a 'corporate crime model' and against this background it is to be found juridically sound. In Part III, eight candidate criteria and indicia are discussed which form a conceptual differentiation between state crimes and other wrongful acts or'delicts'. On the basis of this analysis it is submitted that the concept is an emergent general principle of international law.Part IV considers the problems and modalities of punishing a state and addresses the question of an institutional framework for criminal responsibility on states. The issues discussed in Part IV are found to confirm the concept's status as an emergent general principle of international law.An investigation into the status of the concept in contemporary international law is undertaken in Part V with particular emphasis on the 1948 Genocide Convention and the 1996 Judgement of the International Court of Justice in the Case Concerning the Application of the Convention on the Preventionand Punishment of the Crime of Genocide (Preliminary Objections) between Bosnia-Herzegovina and Yugoslavia. The author concludes that the concept is now emerging as a customary international law.
As the first to focus on state crime and resistance, this collection inspires new questions as it maps the contours of previously unexplored territory.
Author: Elizabeth Stanley
Category: Social Science
Within criminology 'the state' is often ignored as an active participant, or represented as a neutral force. While state crime studies have proliferated, criminologists have not paid attention to the history and impact of resistance to state crime. This book recognises that crimes of the state are far more serious and harmful than crimes committed by individuals, and considers how such crimes may be contested, prevented, challenged or stopped. Gathering together key scholars from the UK, USA, Asia, Australia and New Zealand, this book offers a deepened understanding of state crime through the practical and analytical lens of resistance. This book focuses on crimes ranging from gross violations of human rights (such as genocide, war crimes, mass killings, summary executions, torture, harsh detention and rape during war), to entrenched discrimination, unjust social policies, border controls, corruption, fraud, resource plunder and the failure to provide the regulatory environment and principled leadership necessary to deal with global warming. As the first to focus on state crime and resistance, this collection inspires new questions as it maps the contours of previously unexplored territory. It is aimed at students and academics researching state crimes, resistance, human rights and social movements. It is also essential reading for all those interested in joining the struggles to champion ways of living that value humanity and justice over power.
This book analyzes whether this legal dichotomy continues to make sense.
Author: David L. Nersessian
Publisher: Oxford University Press, USA
During the drafting of the Genocide Convention in 1948, a critical (and controversial) decision was made to exclude political groups, thereby limiting the Convention to national, ethnic, racial and religious collectives. Acts intended to physically or biologically destroy these four groups are condemned as 'genocide,' whereas the identical criminal conduct-directed instead at other human groups-is not. 'Genocide and Political Groups' analyzes whether,notwithstanding the decision 60 years ago, this legal dichotomy continues to make sense. The question is as relevant today as when the Genocide Convention was drafted in 1948. The intervening years provide many examples of political groups being targeted and destroyed 'as such.' Genocideand Political Groups sheds new light on this important issue and offers sound empirical and theoretical grounds to support action by the international community.
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 ...
Author: Dawn Rothe
Publisher: Rutgers University Press
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.
Introduction -- The corporation as an atrocity contributor -- The corporation as a subjuct of international law -- Modes of criminal liability under international law -- Case studies : corporate complicity in genocide -- Prosecuting ...
Author: Michael J. Kelly
Publisher: Oxford University Press
Category: Corporate governance
Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit. Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.
State Crime and Civil Activism explores the work of non-government organisations (NGOs) challenging state violence and corruption in six countries – Colombia, Tunisia, Kenya, Turkey, Myanmar and Papua New Guinea.
Author: Penny Green
Category: Social Science
State Crime and Civil Activism explores the work of non-government organisations (NGOs) challenging state violence and corruption in six countries – Colombia, Tunisia, Kenya, Turkey, Myanmar and Papua New Guinea. It discusses the motives and methods of activists, and how they document and criticise wrongdoing by governments. It documents the dialectical process by which repression stimulates and shapes the forces of resistance against it. Drawing on over 350 interviews with activists, this book discusses their motives; the tactics they use to withstand and challenge repression; and the legal and other norms they draw upon to challenge the state, including various forms of law and religious teaching. It analyses the relation between political activism and charitable work, and the often ambivalent views of civil society organisations towards violence. It highlights struggles over land as one of the key areas of state and corporate crime and civil resistance. The interviews illustrate and enrich the theoretical premise that civil society plays a vital part in defining, documenting and denouncing state crime. They show the diverse and vibrant forms that civil society takes in a widely varied group of countries. This book will be of much interest to undergraduate and postgraduate social science students studying criminology, international relations, political science, anthropology and development studies. It will also be of interest to human rights defenders, NGOs and civil society.
The use of international law provides a substantial framework for defining state crime, including as it does a solid legalistic ... 'failure' in Rwanda, and as such
potential crimes of complicity in genocide in terms of international criminal law.
Author: Hazel Cameron
Britain’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 during 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 Rwanda’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 ‘why’ 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 – the author 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 – 1994 was for the advancement of the interrelated goals of maintaining power status and ensuring economic interests in key areas of Africa. This account of the legal culpability of the powerful within the corridors of government, in both London and Paris, shows that these behaviours cannot be conceptualised under existing notions of state crime. This book serves to illuminate the inadequacies and limitations of a concept of state crime in international law as it currently stands, and will be of considerable interest to anyone concerned with the misuse of state power.
Legal suits against organizations serve as a good analogue in state criminal
systems. ... For the crime of genocide, the “perpetrator” must have the requisite
mens rea, but this mental state differs from the mental state required for individual
Author: Thomas W. Simon
Publisher: Greenwood Publishing Group
Category: Political Science
Shows how reason offers the best hope for dealing with the crime of genocide.
Groome D, 'Adjudicating Genocide: Is the International Court of Justice Capable
of Judging State Criminal Responsibility?' (2008) 31 Fordham International Law
Journal 911. Gropengießer H, 'The Criminal Law of Genocide: The German ...
Author: Guénaël Mettraux
Publisher: Oxford University Press
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.
THE LAW OUTLAWING GENOCIDE A. CUSTOMARY INTERNATIONAL LAW Genocide is a crime under customary international law. Customary international law is law based on international customs, or usages, that states constantly and ...
This study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights?
Author: Mitsue Inazumi
Publisher: Intersentia nv
This study is based on the following questions: Which jurisdiction can and should be exercised for the prosecution of individuals responsible for gross and serious violations of human rights? And especially, in this regard, what is the role of universal jurisdiction?
More recently, the prohibition against genocide has become a crucial pillar of the regime of international criminal law developing since the 1990s, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc ...
Author: Christian Tams
Publisher: Bloomsbury Publishing
The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) has a special standing in international law and international politics. For 60 years, the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the 'crime of crimes'. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that 'genocide is the ultimate form of discrimination'. In the same context the chief prosecutor of the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has as such influenced the subsequent development of many different areas of international law. For example, the 1951 Advisory Opinion on the Genocide Convention enabled the International Court of Justice to shape the modern regime of reservations to treaties. More recently, the prohibition against genocide has become a crucial pillar of the regime of international criminal law developing since the 1990s, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia and the permanent International Criminal Court.In this work the 19 provisions of the Convention are analysed article-by-article, with abundant references to state practice and case law.
Since genocide has rarely been committed on their own territory, quite a number
of European States have adopted national legislation permitting the exercise of
extraterritorial criminal jurisdiction over this 'crime of crimes', even though this ...
Author: Ralph J. Henham
Publisher: Ashgate Publishing, Ltd.
This volume presents a contextual view of genocide which allows a consideration of the social and political concepts of the crime and of its historical dimensions as well as its legal treatment. It also suggests alternative justice solutions to the phenomenon of genocide.