Genocide State Crime and the Law

Author: Jennifer Balint
Publisher: Routledge
ISBN: 1136654151
Format: PDF, Kindle
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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.

The Army and the Indonesian Genocide

Author: Jess Melvin
Publisher: Routledge
ISBN: 1351273302
Format: PDF, Docs
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For the past half century, the Indonesian military has depicted the 1965-66 killings, which resulted in the murder of approximately one million unarmed civilians, as the outcome of a spontaneous uprising. This formulation not only denied military agency behind the killings, it also denied that the killings could ever be understood as a centralised, nation-wide campaign. Using documents from the former Indonesian Intelligence Agency’s archives in Banda Aceh this book shatters the Indonesian government’s official propaganda account of the mass killings and proves the military’s agency behind those events. This book tells the story of the 3,000 pages of top-secret documents that comprise the Indonesian genocide files. Drawing upon these orders and records, along with the previously unheard stories of 70 survivors, perpetrators, and other eyewitness of the genocide in Aceh province it reconstructs, for the first time, a detailed narrative of the killings using the military’s own accounts of these events. This book makes the case that the 1965-66 killings can be understood as a case of genocide, as defined by the 1948 Genocide Convention. The first book to reconstruct a detailed narrative of the genocide using the army’s own records of these events, it will be of interest to students and academics in the field of Southeast Asian Studies, History, Politics, the Cold War, Political Violence and Comparative Genocide.

The Criminal Law of Genocide

Author: Paul Behrens
Publisher: Routledge
ISBN: 1317036964
Format: PDF, Kindle
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This collection of essays presents a contextual view of genocide. The authors, who are academic authorities and practitioners in the field, explore the legal treatment, but also the social and political concepts and historical dimensions of the crime. They also suggest alternative justice solutions to the phenomenon of genocide. Divided into five parts, the first section offers an historical perspective of genocide. The second consists of case studies examining recent atrocities. The third section examines differences between legal and social concepts of genocide. Part four discusses the treatment of genocide in courts and tribunals throughout the world. The final section covers alternatives to trial justice and questions of prevention and sentencing.

State Crime

Author: Dawn Rothe
Publisher: Rutgers University Press
ISBN: 0813549000
Format: PDF, ePub
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Current media and political discourse on crime has long ignored crimes committed by States themselves, despite their greater financial and human toll. For the past two decades, scholars have examined how and why States violate their own laws and international law and explored what can be done to reduce or prevent these injustices. Through a collection of essays by leading scholars in the field, State Crime offers a set of cases exemplifying state criminality along with various methods for controlling governmental transgressions. With topics ranging from crimes of aggression to nuclear weapons to the construction and implementation of social controls, this volume is an indispensable resource for those who examine the behavior of States and those who study crime in its varied forms.

Britain s Hidden Role in the Rwandan Genocide

Author: Hazel Cameron
Publisher: Routledge
ISBN: 0415533392
Format: PDF, ePub
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Britaine(tm)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 - in 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 Rwandae(tm)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 e~whye(tm) 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 e" she 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 e" 1994 was for the advancement of the interrelated goals of maintaining power status and ensuring economic interests in key areas of Africa, inferring a substantial degree of complicity in genocide by omission. That international politics is a strategic game has evidenced itself in the roles played by both the government of the United Kingdom and France in seeking to maximise their respective political and economic interests out with the existing international criminal constraints during the genocide in Rwanda. A micro study of the actions of the French Operation Turquoise reveals their actions to be clearly definable as complicity in genocide by commission. This account of the legal culpability of the powerful within the corridors of government in both London and Paris evidences that these behaviours cannot be conceptualised under existing notions of state crime and this research serves to illuminate the inadequacies and limitations of a concept of state crime in international law as it currently stands and will be of interest to anyone concerned with the misuse of state power.

Genocide in International Law

Author: William Schabas
Publisher: Cambridge University Press
ISBN: 9780521787901
Format: PDF
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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.

Darfur and the Crime of Genocide

Author: John Hagan
Publisher: Cambridge University Press
ISBN: 1107376122
Format: PDF, Kindle
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In 2004, the State Department gathered more than a thousand interviews from refugees in Chad that verified Colin Powell's UN 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 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.

The Crime of All Crimes

Author: Nicole Rafter
Publisher: NYU Press
ISBN: 1479805963
Format: PDF, ePub
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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.

The Genocide Convention

Author: John Quigley
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409493075
Format: PDF, Kindle
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The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.

State Criminality

Author: Dawn Rothe
Publisher: Rowman & Littlefield
ISBN: 9780739126721
Format: PDF, Mobi
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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.