The Criminal Law of Genocide: International, Comparative and Contextual AspectsRalph J. Henham, Paul Behrens 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. |
Contents
HISTORICAL PERSPECTIVES | 1 |
The Armenian Genocide A Contextual View of the Crime and Politics of Denial | 3 |
Armenian Genocide Claims A Contextual Version of the 1915 Incidents | 17 |
Genocide and Nuremberg | 29 |
CASE STUDIES | 37 |
Has Genocide Been Committed in Darfur? The State Plan or Policy Element in the Crime of Genocide | 39 |
Sudan the United States and the International Criminal Court A Tense Triumvirate in Transitional Justice for Darfur | 49 |
The Major Powers and the Genocide in Rwanda | 61 |
The Prohibition of Genocide under the Legal Instruments of the International Criminal Court | 155 |
INTERNATIONAL AND DOMESTIC PROSECUTION OF GENOCIDE | 164 |
ICC Investigations and a Hierarchy of Referrals Has Genocide in Darfur been Predetermined? | 165 |
Specificity of Indictments in ICTR Genocide Trials | 175 |
Cambodias Extraordinary Chamber Is it the Most Effective and Appropriate Means of Addressing the Crimes of the Khmer Rouge? | 185 |
The Prosecution of Genocide in Search of a European Perspective | 197 |
Reflection on the Separation of Powers The Law of Genocide and the Symptomatic French Paradox | 211 |
PREVENTION ALTERNATIVE JUSTICE SOLUTIONS AND SENTENCING | 223 |
The Schism between the Legal and the Social Concept of Genocide in Light of the Responsibility to Protect | 75 |
ASPECTS OF THE CRIME | 95 |
Is the Emerging Jurisprudence on Complicity in Genocide before the International Ad Hoc Tribunals a Moving Target in Conflict with the Principle ... | 97 |
Telling Stories and Hearing Truths Providing an Effective Remedy to Genocidal Sexual Violence against Women | 113 |
A Moment of Kindness? Consistency and Genocidal Intent | 125 |
Freedom of Speech v Hate Speech The Jurisdiction of Direct and Public Incitement to Commit Genocide | 141 |
The United Nations and the Prevention of Genocide | 225 |
Criminal Justice in the Aftermath of the 1994 Rwanda Genocide | 231 |
The Normative Context of Sentencing for Genocide | 245 |
Genocide Reconciliation and Sentencing in the Jurisprudence of the ICTY | 259 |
Index | 273 |
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Common terms and phrases
According accused acts Appeals Chamber application approach Armenian Article atrocities authority Chapter charged Commission committed considered context crime of genocide crimes against humanity criminal law Darfur decision definition destroy determination direct effect element established ethnic evidence existence fact factors force former France French Gacaca genocidal intent Genocide Convention Government guilty Human Rights ICTR ICTY important indictment individual International Criminal Court international law interpretation issue January Judgement judges July jurisdiction justice killings Krstić limited March means military offence para particular perpetrator persons plea political practice prevent principle prosecution Prosecutor protected protected group punishment question reasons reconciliation referred Report requirement respect responsibility result Rome Statute Rule Rwanda Security Council sentencing situation specific Statute supra Trial Chamber Tribunal truth Turkish Tutsi United Nations University victims violations violence