Genocide in international law : the crimes of crimes

著者

書誌事項

Genocide in international law : the crimes of crimes

William A. Schabas

Cambridge University Press, 2000

  • : hbk
  • : pbk

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注記

Includes bibliographical references (p. 569-607) and index

内容説明・目次

内容説明

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.

目次

  • Introduction
  • 1. Origins of the legal prohibition of genocide
  • 2. Drafting of the Convention and subsequent normative developments
  • 3. Groups protected by the Convention
  • 4. The physical element of the offence of actus reus
  • 5. The mental element of the offence or mens rea
  • 6. 'Other acts' of genocide
  • 7. Defences to genocide
  • 8. Prosecution of genocide by international and domestic tribunals
  • 9. State responsibility and the role of the international court of justice
  • 10. Prevention of genocide
  • 11. Treaty law questions and the Convention
  • Conclusion.

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