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The Genocide Convention
  • Language: en
  • Pages: 328

The Genocide Convention

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.

Twentieth Century Forcible Child Transfers
  • Language: en
  • Pages: 309

Twentieth Century Forcible Child Transfers

The current surge of displaced and trafficked children, child soldiers, and child refugees rekindles the virtually dead letter of the Genocide Convention prohibition on transferring children of one group to another. This book focuses on the gap between genocide as a legal term and genocidal forcible child transfer as a catastrophic experience that disrupts a group’s continuity. It probes the Genocide Convention’s boundaries and draws attention to the diverse, yet highly similar, patterns of forcible child transfers cases such as colonial genocide in the US, Canada, and Australia, Jewish-Yemeni immigrants in Israel, children of Republican parents during the Spanish Civil War and its after...

Adjudicating Attacks Targeting Culture
  • Language: en
  • Pages: 396

Adjudicating Attacks Targeting Culture

  • Categories: Law
  • Type: Book
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  • Published: 2023-01-16
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  • Publisher: BRILL

This work proposes a toolkit for international legislators, judges and scholars to consider the adjudication of the causes, means and consequences of attacks targeting culture. Filling international law’s gap regarding culture, this work views the latter as a legacy oriented local-national-international triptych. Therein, culture can be anthropical or natural (fauna and flora), movable or immovable, secular or religious, tangible or intangible. Based on the practice of both modes of responsibility’s jurisdictions, this works proposes a novel typology of the victims of cultural damage. These are natural persons as members of the collective, the collective as the sum of natural persons, and legal persons as a result of damage inflicted on them or their property. Based on the practice of both modes of responsibility’s jurisdictions, this work considers attacks targeting culture as anthropo/heritage-centred and/or tangible-centred.

The Dynamics of International Criminal Justice
  • Language: en
  • Pages: 332

The Dynamics of International Criminal Justice

  • Categories: Law

This book is dedicated to the memory of Sir Richard May, who passed away on 1 July 2004, and to the rich legacy he has left behind in the area of international criminal law. It contains in-depth analyses of a range of issues critical to the development and understanding of international criminal law, written by contributors who worked in some way with Sir Richard during his tenure at the ICTY, particularly during his last years as Presiding Judge of the Milosevi? Trial. It contains a Foreword by the President of the ICTY, Theodor Meron, and substantive work in three main parts: one chapter concerning the development and understanding of human rights; five chapters addressing international criminal law issues in the context of ICTY proceedings; and two chapters focusing on substantive aspects of international criminal law. All the chapters analyse international criminal law as applied by the ICTY, as well as the ICC, ICTR and other international or hybrid criminal tribunals, and are all authored by persons in a position to give great insight into the subject matter discussed.

The Preservation of Art and Culture in Times of War
  • Language: en
  • Pages: 497

The Preservation of Art and Culture in Times of War

  • Categories: Law

"Cultural heritage has become increasingly "conflict prone". Today, systematic exploitation, manipulation, attacks, and destruction of cultural heritage by states and non-state actors form part of most violent conflicts across the world. Such acts are often intentional and based on well-planned strategies for inflicting harm on groups of people and communities. We have therefore progressed from seeing conflict-related destruction of cultural heritage just as a "cultural tragedy" to understanding it also as a "security issue." It is a shift from protecting cultural property from the harms of war for the sake of cultural property itself to viewing it as intricately connected to the broader pea...

The Trauma of Terrorism
  • Language: en
  • Pages: 880

The Trauma of Terrorism

  • Type: Book
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  • Published: 2005-02-22
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  • Publisher: Routledge

Learn intervention strategies to counter the effects of terrorism In the twenty-first century, terrorism has become an international scourge whose effect devastates individuals, weakens societies, and cripples nations. The Trauma of Terrorism: Sharing Knowledge and Shared Care, An International Handbook and Shared Care provides a compreh

The UN Security Council Members' Responsibility to Protect
  • Language: en
  • Pages: 639

The UN Security Council Members' Responsibility to Protect

  • Categories: Law
  • Type: Book
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  • Published: 2017-12-04
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  • Publisher: Springer

This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.

Classical Morality in International Peremptory Criminal Law
  • Language: en
  • Pages: 350

Classical Morality in International Peremptory Criminal Law

  • Categories: Law

This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term ‘peremptory’, for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.

The Politics of Genocide
  • Language: en
  • Pages: 223

The Politics of Genocide

Beginning with the negotiations that concluded with the unanimous adoption of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide on December 9, 1948, and extending to the present day, the United States, Soviet Union/Russia, China, United Kingdom, and France have put forth great effort to ensure that they will not be implicated in the crime of genocide. If this were to fail, they have also ensured that holding any of them accountable for genocide will be practically impossible. By situating genocide prevention in a system of territorial jurisdiction; by excluding protection for political groups and acts constituting cultural genocide from the Genocide Convention; by controlling when genocide is meaningfully named at the Security Council; and by pointing the responsibility to protect in directions away from any of the P-5, they have achieved what can only be described as practical impunity for genocide. The Politics of Genocide is the first book to explicitly demonstrate how the permanent member nations have exploited the Genocide Convention to isolate themselves from the reach of the law, marking them as "outlaw states."

Military Necessity in International Cultural Heritage Law
  • Language: en
  • Pages: 391

Military Necessity in International Cultural Heritage Law

  • Categories: Law
  • Type: Book
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  • Published: 2021-12-13
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  • Publisher: BRILL

Berenika Drazewska’s book offers a comprehensive scholarly analysis of the current meaning of military necessity in the international legal framework for the protection of cultural heritage during armed conflicts.