The Criminal Law of Genocide

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.

Auteur

Ralph Henham is Professor of Criminal Justice at Nottingham Law School, Nottingham Trent University, UK. Paul Behrens is at the University of Leicester, UK

Contenu

Contents: Preface. Part I Historical Perspectives: The Armenian Genocide: a contextual view of the crime and politics of denial, Raffi Sarkissan; Armenian genocide claims: a contextual version of the 1915 events, Sadi Cayci; Genocide and Nuremberg, Henry T. King Jr. Part II Case Studies: Has genocide been committed in Darfur? The state plan or policy element in the crime of genocide, William A. Schabas; Sudan, the United States and the International Criminal Court: a tense triumvirate in transitional justice for Darfur, Zachary D. Kaufman; The major powers and the genocide in Rwanda, Roméo Dallaire and Kishan Manocha. Part III Aspects of the Crime: The schism between the legal and the social concept of genocide in light of the responsibility to protect, Larissa van den Herik; Is the emerging jurisprudence on complicity in genocide before the international ad hoc tribunals a moving target in conflict with the principle of legality?, Michael G. Karnavas; Telling stories and hearing truths: providing an effective remedy to genocidal sexual violence against women, Fiona de Londras; A moment of kindness? Consistency and genocidal intent, Paul Behrens; Freedom of speech vs. hate speech. The jurisdiction of 'direct and public incitement to commit genocide', Tonja Salomon. Part IV International and Domestic Prosecution of Genocide: The prohibition of genocide under the legal instruments of the International Criminal Court, Tuiloma Neroni Slade; ICC investigations and a hierarchy of referrals: has genocide in Darfur been predetermined?, Chris Gallavin; Specificity of indictments in ICTR genocide trials, Paul Ng'arua; Cambodia's extraordinary chamber: is it the most effective and appropriate means of addressing the crimes of the Khmer Rouge?, Alex Bates; The prosecution of genocide - in search of a European perspective, Jan Wouters and Sten Verhoeven; Reflection on the separation of powers: the law of genocide and the symptomatic French paradox, Caroline Fournet. Part V Pr