A Duty to Prevent Genocide


Book Description

This perceptive book analyzes the scope of the duty to prevent genocide of China, France, Russia, the UK, and the US in light of the due diligence standard under conventional, customary, and peremptory international law. It expounds the positive obligations of these five states to act both within and without the Security Council context to prevent or suppress an imminent or ongoing genocide.




The Failure to Prevent Genocide in Rwanda


Book Description

This volume is about the failure to prevent genocide in Rwanda in 1994. In particular, the research focuses on why the early warnings of an emerging genocide were not translated into early preventative action. The warnings were well documented by the most authoritative source, the Canadian U.N. peace-keeping commander General Romeo Dallaire and sent to the leading political civil servants in New York. The communications and the decisionmaking are scrutinized, i.e., who received what messages at what time, to whom the messages were forwarded and which (non-) decisions were taken in response to the alarming reports of weapon deliveries and atrocities. This book makes clear that this genocide could have been prevented. Published under the Transnational Publishers imprint.




The Politics of Genocide


Book Description

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."







The Problems of Genocide


Book Description

Historically delineates the problems of genocide as a concept in relation to rival categories of mass violence.




Cultural Genocide and the Protection of Cultural Heritage


Book Description

Cultural Genocide and the Protection of Cultural Heritage examines the various lenses through which the international community defines attacks on cultural heritage—legal, accountability, security, counterterrorism, and atrocity prevention—and proposes a sixth, cultural genocide, that can be used to recast the debate over how to best protect the world’s cultural heritage.




The Soviet Union and the Gutting of the UN Genocide Convention


Book Description

How both the Soviet Union and the United States manipulated and weakened the drafting of the United Nations Genocide Convention treaty in the midst of the Cold War.




The Concept of Cultural Genocide


Book Description

Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.




The UN Genocide Convention


Book 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 criminalize and punish genocide. This book is a much-needed Commentary on the Genocide Convention. It analyzes and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux preparatoires 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. "




A Gendered Lens for Genocide Prevention


Book Description

This edited collection develops a gendered lens for genocide prevention by uncovering socially constructed gender roles which are crucial for the onset, form and prevention of genocide and mass atrocities. This volume draws on contemporary feminist theory, concepts of masculinity, critical discussions of international law, and in-depth case studies to provide a better understanding of the function of gender at different stages of genocide and mass atrocity processes as well as a basis for more comprehensive strategies for genocide prevention.