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The UN Genocide Convention
A Commentary
Edited by Paola Gaeta
616 pages
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234x156mm
978-0-19-957021-8
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Hardback
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15 October 2009
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- The first Commentary on the Genocide Convention, one of the most important instruments in international law, in almost fifty years
- Explores and analyses each Article of the Convention, drawing on preparatory works and national and international case law
- Thematic approach ensures that all aspects of the Convention are examined, including its legacy and its future
- Written by highly respected international experts on the topic
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 criminalise and punish genocide.
This book is a much-needed Commentary on the Genocide
Convention. It analyses and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux préparatoires 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.Readership: Academics and students in the fields of international criminal law
and human rights; international criminal practitioners and judges; staff of NGOs dealing with genocide and other international criminal law issues.
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Edited by Paola Gaeta, Professor of International Criminal Law, University of Geneva and University of Florence Paola Gaeta is a Professor of International Criminal Law at Florence University. Since September 2007 she is also a Professor of International Criminal Law at the Law Faculty of the University of Geneva and Director of the LL.M. Programme of the Geneva Academy of International Humanitarian Law and Human Rights. She is a member of the Editorial Board of the Journal of International Criminal Justice and of the Editorial Board of the European Journal of International Law. Her publications include La giustizia cautelare nel diritto internazionale (Interim measures taken by International courts
and tribunals) (2000) and The Statute of the International Criminal Court: A Commentary (co-edited with A Cassese and JRWD Jones, 2001). She has also published numerous articles on public international law, international humanitarian law and international criminal law.
Contributors:
Orna Ben Naftali - Law School, College of Management Academic Studies, Israel
Antonio Cassese - University of Florence
Katherine Del Mar - University of Geneva
Paola Gaeta - Universities of Florence and Geneva
Giorgio Gaja - University of Florence
Florian Jessberger - Humboldt University, Berlin
Robert Kolb - University of Geneva
Sandra Krähenmann - University of Geneva
Fanny Martin - ICTR, Appeals Chamber
Marko Milanovic - Associate, Belgrade Centre for Human Rights
Howard Morrison - Judge, United Kingdom
Jens Ohlin - Columbia Law
School
Paolo Palchetti - University of Macerata
Robert Roth - University of Geneva
Ben Saul - University of Sydney
Anja Seibert-Fohr - Max Planck Institute for Comparative Public Law and International Law
Yuval Shany - Jerusalem University
Elies van Sliedregt - University of Amsterdam
Vanessa Thalmann - University of Geneva
Christian Tomuschat - Emeritus Professor, Humboldt University, Berlin
Alexander Zahar - Griffith University Law School, Queensland
Salvatore Zappalà - University of Catania
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"...superbly edited and written, offering a comprehensive, between two covers, commentary on the convention and its drawbacks as written...No public library, private collection, or international decision-maker's legal resources would be complete without this comprehensive, but succinct, guidebook on both the historical and contemporary themes which drive the letter and spirit of the UN's Genocide Convention." - ASIL
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Part I - Introduction
1: Yuval Shany: The Road to the Genocide Convention and Beyond
2: Orna Ben Naftali: The Obligation to Prevent and to Punish Genocide
3: Ben Saul: The Implementation of the Genocide Convention at the National Level
Part II - The Definition of Genocide
4: Florian Jessberger: The Definition and the Elements of the Crime of Genocide
5: Fanny Martin: The Notion of 'Protected Groups' in the Genocide Convention and Its Application
6: Antonio Cassese: Is Genocidal Policy a Requirement for the Crime of Genocide?
Part III - Individual Criminal Responsibility for Genocide
7: Alexander Zahar: Perpetrators and Co-perpetrators of Genocide (Art. 3 )
8: Elies van Sliedregt: Complicity to Commit Genocide
9: Jens David Ohlin: Attempt to Commit Genocide
10: Jens David Ohlin: Incitement and Conspiracy to Commit Genocide
Part IV - The Repression of the Crime of Genocide
11: Vanessa Thalmann: National Criminal Jurisdiction over Genocide
12: Salvatore Zappalà: International Criminal Jurisdiction over Genocide
13: Robert Roth: The Extradition of Génocidaires
14: Paola Gaeta: Immunities and Genocide
15: Judge Howard Morrison QC: The Defence of Alleged Genocidaires
Part V - Accountability of States for Genocide
16: Anja Seibert-Fohr: State Responsibility for Genocide under the Genocide Convention
17: Jens Ohlin: State Responsibility for Conspiracy, Incitement and Attempt To Commit Genocide
18: Paolo Palchetti: State Responsibility for Complicity in Genocide
Part VI - Enforcing the Convention Through the United Nations
19: Giorgio Gaja: The Role of the United Nations in Preventing and Suppressing Genocide
20: Robert Kolb: The Compromissory Clause of the Convention
21: Robert Kolb and Sandra Krähenmann: The Scope Ratione Personae of the Compulsory Jurisdiction of the ICJ
22: Robert Kolb: The Scope Ratione Materiae of the Compulsory Jurisdiction of the ICJ
Part VII - The Mechanics of the Convention
23: Marko Milanovic: Territorial Application of the Genocide Convention and State Succession
24: Katherine Del Mar: Operative Provisions of the Genocide Convention
Part VIII - The Convention in the Twenty-First Century
25: Christian Tomuschat: Prosecuting Denials of Past Alleged Genocides
26: Antonio Cassese: Taking Stock of the Genocide Convention and Looking Ahead
Appendix: Convention on the Prevention and Punishment of the Crime of Genocide
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