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Product details:
- Publisher OUP Oxford
- Date of Publication 15 October 2009
- ISBN 9780199570218
- Binding Hardback
- No. of pages616 pages
- Size 240x160x40 mm
- Weight 1063 g
- Language English 20
Categories
Short description:
The 1948 Genocide Convention is one of the most important instruments in international law. This Commentary provides a comprehensive analysis of each article of the Convention, taking a thematic approach. It also examines the Convention's legacy and future, drawing on its preparatory works and the development of international case law on genocide.
MoreLong description:
The Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity.
The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalise and punish genocide.
This book is a much-needed Commentary on the Genocide Convention. It analyses and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux préparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future.
...superbly edited and written, offering a comprehensive, between two covers, commentary on the convention and its drawbacks as written...No public library, private collection, or international decision-maker's legal resources would be complete without this comprehensive, but succinct, guidebook on both the historical and contemporary themes which drive the letter and spirit of the UN's Genocide Convention.
Table of Contents:
Part I - Introduction
The Road to the Genocide Convention and Beyond
The Obligation to Prevent and to Punish Genocide
The Implementation of the Genocide Convention at the National Level
Part II - The Definition of Genocide
The Definition and the Elements of the Crime of Genocide
The Notion of 'Protected Groups' in the Genocide Convention and Its Application
Is Genocidal Policy a Requirement for the Crime of Genocide?
Part III - Individual Criminal Responsibility for Genocide
Perpetrators and Co-perpetrators of Genocide (Art. 3 )
Complicity to Commit Genocide
Attempt to Commit Genocide
Incitement and Conspiracy to Commit Genocide
Part IV - The Repression of the Crime of Genocide
National Criminal Jurisdiction over Genocide
International Criminal Jurisdiction over Genocide
The Extradition of Génocidaires
Immunities and Genocide
The Defence of Alleged Genocidaires
Part V - Accountability of States for Genocide
State Responsibility for Genocide under the Genocide Convention
State Responsibility for Conspiracy, Incitement and Attempt To Commit Genocide
State Responsibility for Complicity in Genocide
Part VI - Enforcing the Convention Through the United Nations
The Role of the United Nations in Preventing and Suppressing Genocide
The Compromissory Clause of the Convention
The Scope Ratione Personae of the Compulsory Jurisdiction of the ICJ
The Scope Ratione Materiae of the Compulsory Jurisdiction of the ICJ
Part VII - The Mechanics of the Convention
Territorial Application of the Genocide Convention and State Succession
Operative Provisions of the Genocide Convention
Part VIII - The Convention in the Twenty-First Century
Prosecuting Denials of Past Alleged Genocides
Taking Stock of the Genocide Convention and Looking Ahead
Appendix: Convention on the Prevention and Punishment of the Crime of Genocide
