The Genocide Convention: An International Law Analysis (International and Comparative Criminal Justice) (International and Comparative Criminal Justice) ... and Comparative Criminal Justice)

Ashgate Publishing, 2006. 301 р. ISBN:0754647307 "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 analyses 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. "International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision making, as well as access to justice and rights issues." "The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice."--BOOK JACKET. International sentencing has become significant given the numerous events on the world stage which have focused attention on the justifications and adequacy of punishment for heinous crimes such as genocide and crimes against humanity. In addition to providing a detailed evaluation of the philosophical and theoretical difficulties raised by this rapidly developing area of international criminal justice, this book provides an integrated socio-legal analysis of the law and process of international sentencing. It considers the rationale and development of international sentencing structures and processes, the nature and scope of legal and procedural constraints on decision-making, as well as access to justice and rights issues.

The book discusses sentencing within the context of international criminal law and examines internationalized trial processes and alternative mechanisms for resolution. In seeking to comprehend the punishment of international crimes through the comparative contextual analysis of trial processes, it challenges our present understanding of how and why particular sentencing outcomes are produced and the perceived legitimacy of international trial justice.

A crime without a name The contours of genocide Genocide in crime codes Prosecuting under a quasi-genocide statute Prosecuting without a genocide statute Prosecuting under a true genocide statute Prosecuting in international courts Suing in the world court Ex post facto genocide Treaty violation or crime Genocide in customary law The UN Security Council and genocide The acts of genocide Genocide by killing Destroying a group Instant destruction Intent without intent The motives for genocide The intent of others The numbers game Identifying a group A group in the eye of the beholder Genocide by mistake Retail genocide Wholesale genocide Local genocide Targeting important persons Targeting political opponents Ethnic cleansing and genocidal intent Ethnic cleansing in the courts Human habitat Aerial genocide Nuclear genocide Opting out The Convention's curious omission States as criminals States as perpetrators of genocide Other routes to jurisdiction States as intermeddlers A legal interest in genocide Compensation for victims The World Court's power The need for genocide The power of domestic courts The deterrent value of genocide. "Criminal justice procedure is the bedrock of human rights. Surprisingly though, criminal procedure is largely ignored or dismissed as technical and unimportant. In an era of unprecedented change in criminal justice around the world, our failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world."--BOOK JACKET Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of'inquisitorial justice','adversarial justice'and'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world. Understanding criminal process : a three-dimensional world view The European inquisitorial tradition The French revolution in criminal justice Regimes of terror : inquisition-process in the 20th century Maoism and the Chinese inquisitorial tradition Islamic criminal justice : theocratic inquisitoriality The origins of adversariality The great due-process revolution : adversariality in Europe and Latin America Adversariality and the collapse of 'socialist legality' Origins of the English jury The jury in the British overseas empire The European jury Direct popular participation : village courts and popular tribunals Criminal justice reform. "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 analyses 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"--Unedited summary from book cover 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 purpose of this book is to provide an integrated socio-legal analysis of the law and process of international sentencing.