Users without a subscription are not able to see the full
content. Please,
subscribe
or
login
to access all content.
Contents
- Preliminary Material
- Preface
- Contents
- Table of Cases
- Table of Legislation
- International Instruments
- Regional Agreements
- Bilateral/Multilateral Agreements
- National Legislation
- Australia
- Austria
- Belgium
- Bolivia
- Brazil
- Bulgaria
- Burkina Faso
- Cambodia
- Canada
- Costa Rica
- Czech Republic
- Ethiopia
- France
- Germany
- Ghana
- Hungary
- Ireland
- Israel
- Italy
- Ivory Coast
- Liechtenstein
- Luxembourg
- Mexico
- Netherlands
- New Zealand
- Peru
- Portugal
- Romania
- Russia
- Rwanda
- Slovenia
- Spain
- St. Vincent and the Grenadines
- Sweden
- Switzerland
- United Kingdom
- United States
- List of Abbreviations
- List of Contributors
- Main Text
- Part I Introduction
- 1 The Road to the Genocide Convention and Beyond
- 2 The Obligations to Prevent and to Punish Genocide
- 3 The Implementation of the Genocide Convention at the National Level
- Preliminary Material
- 1 Introduction
- 2 The Obligation to Legislate and its Scope
- 2.1 The Criminalization of Genocide at the National Level
- 2.2 Modes of Criminal Liability and Inchoate Genocidal Offences
- 2.3 Lifting Immunities
- 2.4 The Question of the Obligation to Provide Extra-Territorial Jurisdiction
- 2.5 Extradition Laws and the Political Offence Exception to Extradition
- 2.6 Retrospective Punishment of Genocidal Acts
- 3 In Particular, the Obligation to Enact Effective Penalties
- 4 National Legislation to Prevent Genocide?
- 5 National Constitutions and the Implementation of the Convention
- 6 The Impact of the ICC Statute
- 7 Concluding Remarks
- Part II The Definition of Genocide
- 4 The Definition and the Elements of the Crime of Genocide
- Preliminary Material
- 1 Introduction
- 2 Structure and Elements of the Crime of Genocide
- 3 Drafting History
- 4 Genocidal Acts
- 4.1 Killing Members of the Group
- 4.2 Causing Serious Bodily or Mental Harm to Members of the Group
- 4.3 Deliberately Inflicting Conditions of Life Calculated to Bring About the Physical Destruction of the Group
- 4.4 Imposing Measures Intended to Prevent Births Within the Group
- 4.5 Forcibly Transferring Children of the Group to Another Group
- 4.6 Ethnic Cleansing as a Genocidal Act?
- 5 Genocidal Intent
- 6 Concluding Remarks
- 5 The Notion of ‘Protected Group’ in the Genocide Convention and Its Application
- 6 Is Genocidal Policy a Requirement for the Crime of Genocide?
- 4 The Definition and the Elements of the Crime of Genocide
- Part III Individual Criminal Responsibility for Genocide
- 7 Perpetrators and Co-Perpetrators of Genocide
- 8 Complicity to Commit Genocide
- Preliminary Material
- 1 Introduction
- 2 Background
- 3 Complicity in the Statutes of International Criminal Courts and Tribunals and in their Case Law
- 4 Complicity in International Crimes in National Criminal Proceedings
- 5 The Mens Rea Requirement of Complicity in Genocide
- 6 Concluding Remarks
- 9 Attempt to Commit Genocide
- 10 Incitement and Conspiracy to Commit Genocide
- Part IV The Repression of the Crime of Genocide
- 11 National Criminal Jurisdiction Over Genocide
- Preliminary Material
- 1 Introduction
- 2 The Drafting History
- 3 Territorial Jurisdiction
- 4 Other Bases of Jurisdictions
- 4.1 Active/Passive Nationality Principle and Protective Principle
- 4.2 Universal Jurisdiction
- 5 Concluding Remarks
- 12 International Criminal Jurisdiction over Genocide
- Preliminary Material
- 1 Introduction
- 2 The Loss of the ‘Nuremberg Momentum’: the Genocide Convention and its Provisions on Jurisdiction
- 3 Genocide as a Threat to Peace and Security: the Establishment of the UN ad hoc Tribunals (ICTY and ICTR)
- 4 Internationalized Courts
- 5 The ICC and Genocide
- 6 Conclusion: the Proper Role for International Criminal Tribunals in Trying Genocide Cases
- 13 The Extradition of GÉnocidaires
- Preliminary Material
- 1 Introduction
- 2 The ‘Neutralization Clause’: Origin and Descent
- 3 Other Grounds for Refusal and Conditions to Extradition
- 4 Case Law on Extradition
- 5 Aut Dedere
- 6 Concluding Remarks
- 14 Immunities and Genocide
- 15 The Defence of Alleged Génocidaires
- 11 National Criminal Jurisdiction Over Genocide
- Part V Accountability of States for Genocide
- 16 State Responsibility for Genocide under the Genocide Convention
- Preliminary Material
- 1 Introduction
- 2 The Concept of State Responsibility
- 3 Applicability of the Concept to the Genocide Convention
- 4 The Genocide Convention as a Human Rights Instrument
- 5 State Responsibility for Genocide as an Aggravated Form of Responsibility
- 6 The Relationship of State Responsibility to Individual Criminal Responsibility
- 7 Concluding Remarks
- 17 State Responsibility for Conspiracy, Incitement, and Attempt to Commit Genocide
- 18 State Responsibility for Complicity in Genocide
- Preliminary Material
- 1 Introduction
- 2 The Scope of the Notion of Complicity under Article III(e) of the Genocide Convention
- 3 The Subjective Requirement for State Complicity in Genocide
- 4 The Temporal Extension of the Duty To Refrain from Complicity in Genocide and the Obligations Incumbent on the Assisting State in Order to Avert Responsibility
- 5 Concluding Remarks
- 16 State Responsibility for Genocide under the Genocide Convention
- Part VI Enforcing the Convention Through the United Nations
- 19 The Role of the United Nations in Preventing and Suppressing Genocide
- Preliminary Material
- 1 Introduction
- 2 The Legal Significance of Article VIII of the Genocide Convention
- 3 Genocide as a Threat to Peace within the Meaning of Article 39 of the UN Charter
- 4 The Developing Practice of the Security Council with Regard to Acts of Genocide
- 5 The Impact of Obligations Relating to Genocide Imposed on UN Member States and the UN
- 20 The Compromissory Clause of the Convention
- Preliminary Material
- 1 Introduction
- 2 The Drafting History of Article IX
- 3 Compromissory Clauses: General Remarks
- 4 The Jurisdiction of the Court under Article IX
- 5 The Seizing of the Court by a State Party
- 6 The Jurisdiction of the Court and the Tempus Regit Actum Principle
- 7 The Jurisdiction of the Court and the Termination or Suspension of the Convention
- 21 The Scope Ratione Personae of the Compulsory Jurisdiction of the ICJ
- Preliminary Material
- 1 Introduction
- 2 Parties to Disputes before the ICJ and the Erga Omnes Nature of the Convention
- 3 State Succession and Non-Recognition of States
- 4 The Problem of Reservations to the ICJ Jurisdiction
- 22 The Scope Ratione Materiae of the Compulsory Jurisdiction of the ICJ
- Preliminary Material
- 1 Introduction
- 2 Disputes between Contracting Parties
- 3 The Scope Ratione Materiae of the Jurisdiction of the Court
- 19 The Role of the United Nations in Preventing and Suppressing Genocide
- Part VII The Mechanics of the Convention
- Part VIII The Convention in the Twenty-First Century
- 25 Prosecuting Denials of Past Alleged Genocides
- 26 Taking Stock of the Genocide Convention and Looking Ahead
- Preliminary Material
- 1 The Dual System of Repression Envisaged in the Convention
- 2 The Major Deficiencies of the Convention
- 3 Merits of the Convention and Evolution of Customary Rules on Genocide
- 4 The Convention tested by the ICJ
- 5 What should One Change in the Convention, had One the Power to do so?
- 6 From Utopia to Reality: What to do in Fact, while Day-Dreaming
- Part I Introduction
- Further Material
