The Crime of Genocide: Then and Now : Evolution of a Crime

In The Crime of Genocide Then and Now: Evolution of a Crime, the editors Pavel Šturma and Milan Lipovský submit an analysis of the readiness of the definition of genocide to the world of 21st century. Half Title Title Page Copyright Page Contents Foreword Notes on Contributors Introduction Part 1 Theoretical Issues and the Concept of Genocide Chapter 1 State Responsibility and Individual Criminal Responsibility for the Crime of Genocide 1 Introduction 2 Judgment of the icj in Bosnia Genocide Case 3 Discussion 3.1 Broad Case and Limited Jurisdiction of the icj 3.2 Does the Dual Responsibility Imply Violation of One or Two Rules? 3.3 A Different Test (Standard) of Control? 4 Subsequent Developments 5 Conclusions and Perspectives Chapter 2 Atrocity Labelling: Framing the Phenomenon 1 Introduction 2 From Crimes against Humanity to Genocide 3 From State Responsibility and Prosecution to ‘Genocide Studies’ 4 Atrocity Labelling 4.1 Motivations 4.2 Labels 4.3 Consequences 5 Conclusions Part 2 Forms of Responsibility for the Crime of Genocide Chapter 3 Time Yet Again for Judicial Creativity: Does a Purpose-Based Approach Hinder Successful Prosecutions of Genocide Cases? 1 Introduction 2 Mental Element of Genocide 3 Interaction between Special Intent and Modes of Liability in the Case Law 3.1 Application to ‘Direct’ Perpetration 3.1.1 The Akayesu Case 3.1.2 The Jelisić Case 3.2 Application to jce 3.2.1 The Krstić Case 3.2.2 The Karadžić Case 3.3 Application to the ‘Newly Emerged’ Modes of Liability 3.3.1 Co-perpetration Based on Joint Control over the Crimes 3.3.2 A Common Purpose Liability 4 Conclusion Chapter 4 Attempted Genocide in International Criminal Law 1 Introduction 2 Definition of Attempt under Public International Law 2.1 Attempted Genocide in the Travaux Préparatoires of the Genocide Convention 2.2 Attempt in the Draft Code of Crimes against the Peace and Security of Mankind 2.3 Attempted Genocide under the icty and ictr Statutes 2.4 Attempt under the Rome Statute 3 Elements of Attempt from a Doctrinal Perspective 3.1 Mens Rea 3.2 Substantial or Significant Step 3.3 Incompleteness of the Crime 3.4 Abandonment of Attempt 4 State Responsibility for Attempted Genocide 5 Concluding Remarks Part 3 Specially Protected Groups Chapter 5 A House with Four Rooms Only?: The Protected Groups under the Definition of Genocide 1 Introduction 2 From Lemkin to the Genocide Convention 2.1 The Invention of the Crime of Genocide: Raphael Lemkin (1944) 2.2 The Regulation of the Crime of Genocide: The Genocide Convention (1948) 3 From the Genocide Convention to the Events in Rwanda or Darfur 3.1 Confusion over the Crime of Genocide: Ad Hoc International Criminal Tribunals 3.2 Further Debates about the Crime of Genocide: The icc and Other Bodies 4 From the International to the National Level 4.1 Pluralization of Approaches to the Crime of Genocide: National Legislation 4.2 Further Confusion over the Crime of Genocide: National Case-Law and Expert Studies 5 From Four to More Protected Groups? 5.1 (Re)Interpretation of Article ii of the Genocide Convention 5.2 Development of a New Rule of Customary International Law 5.3 Revision of the Genocide Convention or Adoption of a New Instrument 6 Conclusions Chapter 6 The Prevention of Cultural Genocide and the International Protection of National Minorities 1 Introduction 2 The Genocide Convention and the Prevention of Cultural Genocide 2.1 Drafting History 2.2 Interpretation by International Bodies 3 The Prevention of Cultural Genocide and the Protection of National Minorities 4 Conclusions Chapter 7 “The Victim Is the Group Itself”: The Objective and Subjective Criteria in Determining the Groups Protected against Genocide 1 Introduction 2 Lack of Clarity in Defining the Protected Groups 3 In Search of the Criteria for Defining the Protected Groups: Evaluating the Objective and Subjective Approaches 4 Primarily Objective Determination of the Protected Groups in the First Genocide Trial: The Akayesu Case 4.1 The National Group 4.2 The Ethnic Group 4.3 The Definition of a Racial Group 4.4 The Definition of a Religious Group 5 The Objective and Subjective Approaches Taken by the Two Ad Hoc Tribunals: “Courts Try Cases, But Cases Also Try Courts” 5.1 The International Criminal Tribunal for Rwanda: “After Akayesu” 5.2 International Criminal Tribunal for the Former Yugoslavia 6 International Commission of Inquiry on Darfur: Tribal Groups as Protected Groups? 7 The First Ever Genocide Charge before the icc: The Al Bashir Case 8 Contemporary (Allegations of) Genocides? 8.1 The Group Membership: Atrocities against the Yazidis, Rohingya and Uyghurs 9 Conclusion Chapter 8 Invisible Genocide: The Relevance of the 1948 Genocide Convention to the People with Disabilities 1 Introduction: The Incomplete Definition? 2 Nazi Crimes against People with Disabilities 2.1 Imposing Measures Intended to Prevent Births within the Group 2.2 Deliberately Inflicting on the Group Conditions of Life Calculated to Bring about Its Physical Destruction in Whole or in Part 2.3 Killing Members of the Group 3 Legal Response 3.1 The International Military Tribunal at Nuremberg (imtn) 3.2 Subsequent Nuremberg Trials and the Other Trials 3.3 Genocide Convention and Disability 3.4 World’s Guilt 4 International Criminal Law and Disability Nowadays 5 Labeling 6 Conclusion Part 4 Denial of Crimes and Current Situations Chapter 9 The Stigma of Genocide and the Denial of Communist Crimes 1 Introduction – The Stigma of Genocide 2 Attempts to Remedy the Narrow Scope of Legal Definition of Genocide in Academic Scholarship 2.1 Expanding the Definition of Genocide in Genocide Studies 2.2 Creating Unifying Concepts for International Crimes in Academic Scholarship 3 Legal Approaches 3.1 Expansive Recodification of Genocide in Domestic Legislation 3.2 Creating Symbolic Equivalence between International Crimes with the Responsibility to Protect Doctrine 4 Denial of Communist Crimes – Symbolic Equality between International Crimes? 4.1 The Criminalization of Communist Crimes in Central and Eastern Europe 4.2 The Hungarian Regulation and Jurisprudence Concerning Communist Crimes 5 Conclusion Chapter 10 The Denial of the Armenian Genocide and the Claim of the Rohingya Genocide 1 Introduction 2 Some Aspects of the Armenian and Rohingya Genocide Claims 2.1 Dolus Specialis 2.2 Protected Groups 2.3 Context of Actus Reus 3 Denial of Genocide 4 Conclusion Chapter 11 The Situation in Myanmar and the Territorial Jurisdiction of the icc 1 Introduction 2 The Possible Ways of Establishing Jurisdiction over the Crimes Committed in Myanmar 3 The Pre-trial Chamber i Approach to Territorial Jurisdiction under the Rome Statute 4 The Pre-trial Chamber iii Decision on the Authorization of an Investigation into the Situation in Bangladesh / Myanmar 5 Admissibility 6 Conclusion Part 5 Genocide Internationally and Domestically Chapter 12 The Czech (Czechoslovak) Experience with the Genocide Convention 1 Introduction 2 In the Shade of Big Brother – The Czechoslovak Contribution to Preparatory Works 2.1 Solving the Puzzle of Jurisdiction Ratione Temporis 2.2 International Penal Tribunal 3 Genocide Convention and Czechoslovakia/Czech Republic – International Legal Aspects 4 Genocide Convention and Czechoslovakia/Czech Republic – Domestic Legal Aspects 4.1 Application of Implementing Legislation: Attempted, Proposed, (and Failed) Examples 5 Conclusion Chapter 13 Universal Jurisdiction and the Crime of Genocide 1 Introduction 2 Universal Jurisdiction 2.1 Jurisdiction to Prescribe, to Adjudicate/Prosecute and to Enforce 2.2 Pure/Properly So-Called/True and Treaty Based/Contractual Universal Jurisdiction; Jurisdiction by Representation 2.2.1 Pure Universal Jurisdiction 2.2.2 Contractual Universal Jurisdiction and Its Comparison to the Pure One 2.3 Presence of the Accused within Territory of the Prosecuting State 2.3.1 Trial in Absentia 2.3.2 Presence of the Accused as a General Rule 3 The Genocide Convention 4 Prescriptive Jurisdiction and Adjudication in Certain States with Focus on Genocide 4.1 Individual Countries 4.1.1 Belgium 4.1.2 Spain 4.1.2.1 Guatemala Generals Case 4.1.2.2 The Tibet Case 4.1.2.3 Pinochet Case 4.1.3 Germany 4.1.3.1 Jorgić Case 4.1.4 Argentina – the Rohingya 4.1.5 The United Kingdom 4.1.5.1 Nteziryayo and Others Case 4.1.6 The Czech Republic 4.2 Partial Conclusion 5 The International Criminal Court 6 State Succession 7 Conclusions Acknowledgement Bibliography Treaties UN Sources UN General Assembly UN Security Council Human Rights Council International Law Commission unhcr Council of Europe Bodies’ Sources Domestic Legislation Case Law icj and pcij icc icty ictr Nuremberg Trials eccc ECtHR Domestic Case-Law Other Domestic Sources Books Articles and Chapters in Books url Others Index In this original and thought-provoking collection, the Editors provide a multilayered study of the'crime of crimes'. Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice. This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force. In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice. This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force "This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world"-- Provided by pubisher