Foreign International Law

A Collective Theory of Genocidal Intent by Sangkul Kim

By Sangkul Kim

Tackling essentially the most complicated and arguable matters within the box of foreign legal legislation — i.e., the genocidal purpose point, this monograph seeks to strengthen an account of genocidal reason from a collectivist point of view. Drawing upon the two-layered constitution of the crime of genocide composed of the ‘conduct point’ and ‘context level’, it detects the genocidal motive aspect on the ‘context level’. The genocidal rationale present in this way belongs to a collective, which considerably departs from the previous individualistic understandings of the idea of genocidal rationale. the writer argues that the crime of genocide isn't really a ‘crime of mens rea’. Collective genocidal purpose on the ‘context point’ operates in a manner that renders the crime of genocide itself a legal firm. the belief of genocide as a legal firm additionally means that genocide is a management crime in recognize of which simply the high-level actors may be categorised as principals (as against accessories).
The booklet criticizes the dominant individualistic ways to genocidal rationale (in specific: the knowledge-based process) that have to this point ruled the appropriate jurisprudential and educational research. It extra demonstrates that the hidden proposal of ‘collective genocide’ silently governs the proper overseas jurisprudence. Practitioners and lecturers within the box of foreign felony legislations and comparable disciplines will locate during this ebook a brand new method of the crime of genocide. The textual content is the first-ever book-length exposition of a collective account of genocidal motive. Its accessibility is very more advantageous by way of appropriate footnotes.Sangkul Kim is Lecturer at Korea collage in Seoul and learn Fellow with the Centre for foreign legislation learn and coverage (CILRAP).He served as affiliate felony Adviser on the workplace of the Prosecutor of the foreign legal court docket (2004-2008). He earned legislation levels from Korea collage and Georgetown collage legislations Center.

Show description

Read Online or Download A Collective Theory of Genocidal Intent PDF

Best foreign & international law books

Humanitarian Intervention and International Relations

Should still states use army strength for humanitarian reasons? popular students and execs come jointly during this booklet to supply useful and theoretical solutions to this burning query. Case reports comprise Somalia, Rwanda, the Balkans, and East Timor, in addition to the hot U. S. intervention in Afghanistan.

Law and Ethnic Plurality (Immigration and Asylum Law and Policy in Europe)

The large-scale institution of ethnic minorities and diasporic groups in Europe has received the eye of social technological know-how students for a few many years now. even though, criminal curiosity during this box has remained quite underdeveloped.

Sanctions, Accountability and Governance in a Globalised World (Connecting International Law with Public Law)

This booklet is the 1st in a sequence interpreting how public legislation and overseas legislation intersect in 5 thematic components of world value: sanctions, worldwide overall healthiness, atmosphere, stream of individuals and defense. until eventually lately, overseas and public legislation have as a rule overlapped in discussions on how foreign legislations is applied regionally.

International Maritime Security Law

Overseas Maritime defense legislation , by means of James Kraska and Raul Pedrozo, defines an rising interdisciplinary box of legislation and coverage made out of norms, felony regimes, and ideas to deal with present day hybrid threats to the worldwide order of the oceans

Additional info for A Collective Theory of Genocidal Intent

Example text

40 International Commission of Inquiry on Darfur, Established Pursuant to Resolution 1564 (2004), Report to the United Nations Secretary–General, 25 January 2005, para 494. 41 Greenawalt 1999. 42 Bassiouni 1993, pp. 235–236. (emphasis added). In relation to “decision makers and commanders”, Bassiouni is here proposing a quite radical genocidal intent theory which replaces a traditional purpose-based genocidal intent with a “particular objective pattern of conduct”. Ibid. at 234. It seems Bassiouni’s observation in this respect was insightful in that the ad hoc tribunals subsequently developed the relevant jurisprudence on the theme of genocidal intent placing a significant evidentiary emphasis on the ‘objective pattern of conduct’ feature.

In relation to “decision makers and commanders”, Bassiouni is here proposing a quite radical genocidal intent theory which replaces a traditional purpose-based genocidal intent with a “particular objective pattern of conduct”. Ibid. at 234. It seems Bassiouni’s observation in this respect was insightful in that the ad hoc tribunals subsequently developed the relevant jurisprudence on the theme of genocidal intent placing a significant evidentiary emphasis on the ‘objective pattern of conduct’ feature.

Prosecutor v. Krstić, Appeals Judgment, 19 April 2004, para 41, and sources cited therein. 68 In this respect, would it be an overstatement if one claims that the knowledge-based approach is an example of extending a crime definition itself in order to legitimize a doubtful practice? 69 In the following section, I will elaborate on the problematic aspects of the knowledge-based approach in more detail. 1 A Hypothetical: An Insomniac Commander “Sleep no more! Macbeth does murder sleep,” – William Shakespeare, Macbeth act 2, sc.

Download PDF sample

Rated 4.32 of 5 – based on 8 votes