Genocide and Political Groups

Hardcover | August 20, 2010

byDavid L. Nersessian

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Genocide and Political Groups provides a comprehensive examination of the crime of genocide in connection with political groups. It offers a detailed empirical study of the current status of political groups under customary international law, as well as a comprehensive theoretical analysis ofwhether political genocide should be recognized as a separate crime by the international community. The book discusses whether a stand-alone crime of political genocide should be recognized under international law. It begins by examining the historical development of genocide and critically assessing the unique requirements of the crime. It then demonstrates that other international offences-notably crimes against humanity and war crimes- are not workable substitutes for a specific offence that protects political groups. This is followed by an analytical study of the protection of human groups under international law. The book proposes a new theory that links the protection of groups to individual rights of a certain character that give rise to the group's existence. It then applies that theory in evaluating whetherpolitical groups are legitimate candidates for specific protection from physical and biological destruction 'as such'. The writing includes an exhaustive analysis of state practice and opinio juris on the treatment of political groups. It empirically refutes claims that political groups are protected already from genocide by virtue of post-Convention developments in customary international law. In response to thislegal reality, however, the book analyses the theoretical and public policy justifications for international criminal law and demonstrates that the international community would be well served by creating a separate international crime to address political genocide.

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Genocide and Political Groups provides a comprehensive examination of the crime of genocide in connection with political groups. It offers a detailed empirical study of the current status of political groups under customary international law, as well as a comprehensive theoretical analysis ofwhether political genocide should be recogni...

David Nersessian currently is a Visiting Assistant Professor of Law at Boston University School of Law, where he previously taught for many years as an adjunct faculty member. Prior to joining BU Law's faculty, he was Executive Director of Harvard Law School's Program on the Legal Profession. He earned his D. Phil in Law from Oxford U...
Format:HardcoverDimensions:336 pagesPublished:August 20, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199588902

ISBN - 13:9780199588909

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Table of Contents

Introduction1. Defining a Crime Without a Name2. Conduct Elements3. Mens Rea4. Human Groups and Genocide5. Political Genocide and Customary International Law6. Political Genocide and the Principles of Legality7. The Case for a Crime of Political Genocide8. The Way Forward: Rethinking the Crime of CrimesAppendix A - State Practice on GenocideAppendix B - Unofficial Translations of Domestic Laws on Genocide from 84 States