Genocide in International Law: The Crimes of Crimes

Sampul Depan
Cambridge University Press, 31 Agu 2000 - 624 halaman
The 1948 Genocide Convention has suddenly become a vital legal tool in the international campaign against impunity. The succinct provisions of the Convention are now being interpreted in important judgements by the International Court of Justice, the ad hoc Tribunals for the former Yugoslavia and Rwanda, and a growing number of domestic courts. In this definitive work William A. Schabas focuses on the judicial interpretation of the Convention, 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. Detailed attention is given to the concept of protected groups, to the quantitative dimension of genocide, to problems of criminal prosecution including defenses and complicity, and to issues of international judicial cooperations such as extradition. He also explores the duty to prevent genocide, and the consequences this may have on the emerging law of humanitarian intervention.
 

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Origins of the legal prohibition of genocide
14
Drafting of the Convention and subsequent normative developments
51
Groups protected by the Convention
102
The physical element or actus reus of genocide
151
The mental element or mens rea of genocide
206
Other acts of genocide
257
Defences to genocide
314
Prosecution of genocide by international and domestic tribunals
345
State responsibility and the role of the International Court of Justice
418
Prevention of genocide
447
Treaty law questions and the Convention
503
Conclusions
543
The three principal drafts of the Convention
553
Bibliography
569
Index
608
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