Genocide in International Law: The Crimes of CrimesCambridge University Press, 2000 M08 31 - 624 pages 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. |
Contents
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 |
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Common terms and phrases
abstentions accused acts of genocide adopted AJIL Akayesu amendment application Bosnia and Herzegovina commit genocide Contracting Parties Court of Justice Crime of Genocide crimes against humanity criminal law cultural genocide debate Declaration defence definition of genocide delegations destruction Draft Code droit Eichmann established ethnic cleansing extradition favour Former Yugoslavia France geno Genocide Convention Hoc Committee Human Rights Ibid individual intent to destroy International Court International Criminal Court International Criminal Tribunal International Law Commission international tribunal Journal of International Lemkin LRTWC Military Tribunal Nuremberg offence paras Penal Code political groups Preparatory Prevention and Punishment principle proposed prosecution Prosecutor provision reference Report reservations Rome Statute Rwanda Secretariat draft Secretary-General Security Council Security of Mankind Sixth Committee Soviet Union Special Rapporteur superior orders territory tion treaty Trial Chamber Tribunal for Rwanda Tutsi UN Doc United Kingdom United Nations universal jurisdiction violations War Crimes Yearbook