Genocide, State Crime and the Law


Book Description

Genocide, State Crime and the Law argues that genocide and other forms of state crime must be located in relation to cultural, political and legal processes if they are to be properly understood and addressed.




Genocide, State Crime, and the Law


Book Description

"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.




The Crime of Destruction and the Law of Genocide


Book Description

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.




State Criminality


Book Description

State crimes are historically and contemporarily ubiquitous and result in more injury and death than traditional street crimes such as robbery, theft, and assault. Consider that genocide during the 20th century in Germany, Rwanda, Darfur, Albania, Turkey, Ukraine, Cambodia, Bosnia-Herzegovina, and other regions claimed the lives of tens of millions and rendered many more homeless, imprisoned, and psychologically and physically damaged. Despite the gravity of crimes committed by states and political leaders, until recently these harms have been understudied relative to conventional street crimes in the field of criminology. Over the past two decades, a growing number of criminologists have conducted rigorous research on state crime and have tried to disseminate it widely including attempts to develop courses that specifically address crimes of the state. Referencing a broad range of cases of state crime and international institutions of control, State Criminality provides a general framework and survey-style discussion of the field for teaching undergraduate and graduate students, and serves as a useful general reference point for scholars of state crime.




The Crime of All Crimes


Book Description

Cambodia. Rwanda. Armenia. Nazi Germany. History remembers these places as the sites of unspeakable crimes against humanity, and indisputably, of genocide. Yet, throughout the twentieth century, the world has seen many instances of violence committed by states against certain groups within their borders—from the colonial ethnic cleansing the Germans committed against the Herero tribe in Africa, to the Katyn Forest Massacre, in which the Soviets shot over 20,000 Poles, to anti-communist mass murders in 1960s Indonesia. Are mass crimes against humanity like these still genocide? And how can an understanding of crime and criminals shed new light on how genocide—the “crime of all crimes”—transpires? In The Crime of All Crimes, criminologist Nicole Rafter takes an innovative approach to the study of genocide by comparing eight diverse genocides--large-scale and small; well-known and obscure—through the lens of criminal behavior. Rafter explores different models of genocidal activity, reflecting on the popular use of the Holocaust as a model for genocide and ways in which other genocides conform to different patterns. For instance, Rafter questions the assumption that only ethnic groups are targeted for genocidal “cleansing," and she also urges that actions such as genocidal rape be considered alongside traditional instances of genocidal violence. Further, by examining the causes of genocide on different levels, Rafter is able to construct profiles of typical victims and perpetrators and discuss means of preventing genocide, in addition to delving into the social psychology of genocidal behavior and the ways in which genocides are brought to an end. A sweeping and innovative investigation into the most tragic of events in the modern world, The Crime of All Crimes will fundamentally change how we think about genocide in the present day.




State Responses to Crimes of Genocide


Book Description

At the time of drafting the UN Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), the drafters were hopeful that the document will be the response needed to ensure that the world would never again witness such atrocities as committed by the Nazi regime. While, arguably, there has been no such great loss of human lives as during WWII, genocidal incidents have and still take place. After WWII, we have witnessed the genocides in Cambodia, Rwanda, Bosnia, Darfur, to name only a few. The responses to these atrocities have always been inadequate. Every time the world leaders would come together to renew their promise of ‘Never Again’. However, the promise has never materialised. In 2014, Daesh unleashed genocide against religious minorities in Syria and Iraq. Before the world managed to shake off from the atrocities, in 2016, the Burmese military launched a genocidal campaign against the Rohingya Muslims in Myanmar. This was followed by reports of ever-growing atrocities against Christian minorities in Nigeria. Without waiting too long, in 2018, China proceeded with its genocidal campaign against the Uyghur Muslims. In 2020, the Tigrayans became the victims of ethnic targeting. Five cases of mass atrocities that, in the space of just five years, all easily meet the legal definition of genocide. Again, the response that followed each case has been inadequate and unable to make a difference to the targeted communities. This legacy does not give much hope for the future. The question that this books hopes to address is what needs to change to ensure that we are better equipped to address genocide and prevent the crime in the future.




Genocide in International Law


Book Description

Previous edition, 1st, published in 2000.




Organizing Rebellion


Book Description

The number of non-state actors, in the past not accountable for committing international crimes or violating human rights, is proliferating rapidly. Their ways of operating evolve, with some groups being increasingly fragmented and others organizing transnationally or in cyber space. As non-state armed groups are involved in the vast majority of today's armed conflicts and crisis situations, a new and increasingly important question has to be raised as to whether, and at what point, these groups are bound by international law and thereby accountable for their acts. Breaking new ground in addressing international human rights law, international criminal law, and international humanitarian law in one swoop, Rodenh user's text will be essential to academics and practitioners alike.




Unusually Cruel


Book Description

The United States incarcerates far more people than any other country in the world, at rates nearly ten times higher than other liberal democracies. Indeed, while the U.S. is home to 5 percent of the world's population, it contains nearly 25 percent of its prisoners. But the extent of American cruelty goes beyond simply locking people up. At every stage of the criminal justice process - plea bargaining, sentencing, prison conditions, rehabilitation, parole, and societal reentry - the U.S. is harsher and more punitive than other comparable countries. In Unusually Cruel, Marc Morjé Howard argues that the American criminal justice and prison systems are exceptional - in a truly shameful way. Although other scholars have focused on the internal dynamics that have produced this massive carceral system, Howard provides the first sustained comparative analysis that shows just how far the U.S. lies outside the norm of established democracies. And, by highlighting how other countries successfully apply less punitive and more productive policies, he provides plausible solutions to addressing America's criminal justice quagmire.




State Crime


Book Description

Shows how transnational corporations use lobby groups to shape EU policy. New updated edition