قانون جنایی نسل‌کشی: جنبه‌های بین‌المللی، مقایسه‌ای و زمینه‌ای (عدالت کیفری بین‌المللی و مقایسه‌ای)

This collection of essays written by experts and authorities in the field 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. The book is divided into five parts. The first deals with the 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 4 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. The Armenian genocide : a contextual view of the crime and politics of denial / Raffi Sarkissian Armenian genocide claims : a full version of the 1915 incidents / Sadi Cayci Genocide and Nuremberg / Henry T. King Has genocide been committed in Darfur? : the state plan or policy element in the crime of genocide / William Schabas Sudan, the United States, and the International Criminal Court : a tense triumvirate in transitional justice for Darfur / Zachary Kaufman The major powers and the genocide in Rwanda / Roméo Dallaire, Kishan Manocha 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? : aspects of genocidal intent / Paul Chalfont Freedom of speech vs. hate speech : the jurisdiction of direct and public incitement to commit genocide / Tonja Salomon The prohibition of genocide under the legal instruments of the International Criminal Court / Tuiloma Neroni Slade 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, Sven Verhoeven Reflection on the separation of powers : the law of genocide and the symptomatic French paradox / Caroline Fournet The United Nations and the prevention of genocide / Juan Mendez Criminal justice in the aftermath of the 1994 Rwanda genocide / Shivon Byamukama, John Huntley The normative context of sentencing for genocide / Ralph Henham Genocide, reconciliation, and sentencing in the jurisprudence of the ICTY / Shahram Dana. 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. 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 The essays in this book cover historical perspectives, aspects of the crime, international and domestic prosecution of genocide, and prevention, alternative justice solutions and sentencing. The book also features case studies