It considers the constitutive effect of law and what this may mean for the place of
law in society and in relation to the state. Years ago I attended a commemoration
for the genocide of the Armenians, at Chatswood Town Hall in Sydney, Australia
Author: Jennifer Balint
Genocide, State Crime and the Law critically explores the use and role of law in the perpetration, redress and prevention of mass harm by the state. In this broad ranging book, Jennifer Balint charts the place of law in the perpetration of genocide and other crimes of the state together with its role in redress and in the process of reconstruction and reconciliation, considering law in its social and political context. The book argues for a new approach to these crimes perpetrated 'in the name of the state' - that we understand them as crimes against humanity with particular institutional dimensions that law must address to be effective in accountability and as a basis for restoration. Focusing on seven instances of state crime - the genocide of the Armenians by the Ottoman state, the Holocaust and Nazi Germany, Cambodia under the Khmer Rouge, apartheid South Africa, Ethiopia under Mengistu and the Dergue, the genocide in Rwanda, and the conflict in the former Yugoslavia - and drawing on others, the book shows how law is companion and collaborator in these acts of nation-building by the state, and the limits and potentials of law's constitutive role in post-conflict reconstruction. It considers how law can be a partner in destruction yet also provide a space for justice. An important, and indeed vital, contribution to the growing interest and literature in the area of genocide and post-conflict studies, Genocide, State Crime and the Law will be of considerable value to those concerned with law's ability to be a force for good in the wake of harm and atrocity.
Therefore, the very failure of international criminal justice to adequately address
crimes against women in ... Balint, Jennifer (2012) Genocide, state crime, and the
law: In the name of the state (London: Routledge). Berliner, David C. (2005) The
... The. “Comfort. Women”. andthe. Legacyof. the. Tokyo. Trial. 377. References.
Author: Vera Mackie
This innovative multidisciplinary collection brings together the latest research on human rights in the Asian region, by leading scholars with a deep familiarity with the languages and cultures of the region. The contributors bring a range of disciplinary approaches, or ‘ways of knowing’ to the study of human rights: history, memory studies, gender and sexuality studies, cultural studies, translation studies, development sociology and political economy. Issues canvassed include linguistic rights, debates on prenatal testing, campaigns for redress of past wrongs, labour rights, ‘voluntourism’, sexuality, and modes of human rights advocacy. This book was published as a special issue of Asian Studies Review.
Chapter 9 The Symptoms of the Inapplicability of the Genocide Convention: The
Lack of State Practice To illustrate the assertion that the Genocide Convention is
an inapplicable instrument, this chapter focuses on the law and practice of two ...
Author: Ms Caroline Fournet
Publisher: Ashgate Publishing, Ltd.
This highly original work provides a thought-provoking and valuable resource for researchers and academics with an interest in genocide, criminology, international organizations, and law and society. In her book, Caroline Fournet examines the law relating to genocide and explores the apparent failure of society to provide an adequate response to incidences of mass atrocity. The work casts a legal perspective on this social phenomenon to show that genocide fails to be appropriately remembered due to inherent defects in the law of genocide itself. The book thus connects the social response to the legal theory and practice, and trials in particular. Fournet's study illustrates the shortcomings of the Genocide Convention as a means of preventing and punishing genocide as well as its consequent failure to ensure the memory of this heinous crime.
How can the science of criminology advance understanding and protection against genocide? This book gives a vivid firsthand account and voice to the survivors of genocide in Darfur.
Author: John Hagan
Publisher: Cambridge University Press
In 2004, the State Department gathered more than a thousand interviews from refugees in Chad that verified Colin Powell's U.N. and congressional testimonies about the Darfur genocide. The survey cost nearly a million dollars to conduct and yet it languished in the archives as the killing continued, claiming hundreds of thousands of murder and rape victims and restricting several million survivors to camps. This book for the first time fully examines that survey and its heartbreaking accounts. It documents the Sudanese government's enlistment of Arab Janjaweed militias in destroying black African communities. The central questions are: Why is the United States so ambivalent to genocide? Why do so many scholars deemphasize racial aspects of genocide? How can the science of criminology advance understanding and protection against genocide? This book gives a vivid firsthand account and voice to the survivors of genocide in Darfur.
This volume presents a contextual view of genocide which allows a consideration of the social and political concepts of the crime and of its historical dimensions as well as its legal treatment.
Author: Ralph J. Henham
Publisher: Ashgate Publishing, Ltd.
This volume presents a contextual view of genocide which allows a consideration of the social and political concepts of the crime and of its historical dimensions as well as its legal treatment. It also suggests alternative justice solutions to the phenomenon of genocide.
The study of state criminality is by definition a political enterprise that includes the
study of power, ideology, law, international treaties, and public and foreign policy.
Although its inclusion in the field of criminology is indisputed, there remains a ...
Author: Hazel Cameron
Britain’s Hidden Role in the Rwandan Genocide examines the role of the United Kingdom as a global elite bystander to the crime of genocide, and its complicity, in violation of international criminal laws during the Rwandan genocide of 1994. As prevailing accounts confine themselves to the role and actions of the United States and the United Nations, the full picture of Rwanda’s genocide has yet to be revealed. Hazel Cameron demonstrates that it is the unravelling of the criminal role and actions of the British that illuminates a more detailed answer to the question of ‘why’ the genocide in Rwanda occurred. In this book, she provides a systematic and detailed analysis of the policies of the British Government towards civil unrest in Rwanda throughout the 1990s that culminated in genocide. Utilising documentary evidence obtained as a result of Freedom of Information requests to the Foreign and Commonwealth Office, as well as material obtained through extensive interviews - with British government cabinet members, diplomats, Ambassadors to the United Nations Security Council, prisoners in Rwanda convicted of being leaders and organisers of genocide, and victims and survivors of genocide in Rwanda – the author finds that the actions of the British and French governments, both before and during the Rwandan genocide of 1994, were disassociated from human rights norms. It is suggested herein that the decision-making of the Major government during the period of 1990 – 1994 was for the advancement of the interrelated goals of maintaining power status and ensuring economic interests in key areas of Africa. This account of the legal culpability of the powerful within the corridors of government, in both London and Paris, shows that these behaviours cannot be conceptualised under existing notions of state crime. This book serves to illuminate the inadequacies and limitations of a concept of state crime in international law as it currently stands, and will be of considerable interest to anyone concerned with the misuse of state power.
That is dependent on further processes which are outside the law. CONCLUSION
In the wake of genocide and state crime, an enduring reconciliation cannot be
achieved without just and accountable mechanisms, without the political will for ...
Author: Emilios Christodoulidis
Publisher: Hart Publishing
This book offers a series of original essays by of scholars whose work looks comparatively at law's attempts to deal with the past.
 In returning to the issue of case law under Article V, it might be possible that
criminal law precedents on genocide exist ... argued that states by their status of
state parties to the ICC, warranting international criminal legislation on genocide,
Author: Christian Tams
Publisher: Bloomsbury Publishing
The 1948 UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) has a special standing in international law and international politics. For 60 years, the crime of genocide has been recognised as the most horrendous crime in international law, famously designated the 'crime of crimes'. On the occasion of the 60th anniversary of its adoption the UN High Commissioner for Human Rights stated that 'genocide is the ultimate form of discrimination'. In the same context the chief prosecutor of the International Criminal Court described the Genocide Convention as a 'visionary and founding text for the Court'. The Convention has as such influenced the subsequent development of many different areas of international law. For example, the 1951 Advisory Opinion on the Genocide Convention enabled the International Court of Justice to shape the modern regime of reservations to treaties. More recently, the prohibition against genocide has become a crucial pillar of the regime of international criminal law developing since the 1990s, with genocide being one of the core crimes falling under the jurisdiction of the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodia and the permanent International Criminal Court.In this work the 19 provisions of the Convention are analysed article-by-article, with abundant references to state practice and case law.
unlike the ICJ, has jurisdiction over individuals for genocide, crimes against
humanity, and war crimes. In summary, war crimes tribunals have ... State
criminal law systems distinguish and rank criminal wrongs. Defendants, for
example, found ...
Author: Thomas W. Simon
Publisher: Greenwood Publishing Group
Shows how reason offers the best hope for dealing with the crime of genocide.