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The Crime of Genocide: Then and Now

Edited by: Pavel Sturma, Milan Lipovsky

ISBN13: 9789004519312
Published: October 2022
Publisher: Brill Nijhoff
Country of Publication: Netherlands
Format: Hardback
Price: £147.00



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In this original and thought-provoking collection, the Editors provide a multilayered study of the "crime of crimes". Adopted in 1948, and based on Raphael Lemkin's idea, the definition of genocide belongs to the cornerstones of international criminal law and justice.

This volume focuses on, among other topics, the narrow scope of protected groups, wider domestic adaptations of the definition, denial of genocide, and current legal proceedings related to the crime in front of the ICJ and ICC. In this way its authors, based primarily in Central and Eastern Europe, analyse and discuss the readiness of the definition to meet the challenges of criminal justice in our changing world. The volume thus offers much fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention's entry into force.

Subjects:
International Criminal Law
Contents:
Foreword - Claus Kress
Notes on Contributors
Introduction - Pavel Sturma and Milan Lipovsky
Part 1. Theoretical Issues and the Concept of Genocide
1. State Responsibility and Individual Criminal Responsibility for the Crime of Genocide
Pavel Sturma
2. Atrocity Labelling From Crimes against Humanity to Genocide Studies
Markus P. Beham
Part 2. Forms of Responsibility for the Crime of Genocide
3. Time for Yet Another Judicial Creativity - Does a Purpose-Based Approach Hinder Successful Prosecutions of Genocide Cases?
Michala Chadimova
4. Attempted Genocide in International Criminal Law
Nikola Kurkova Klimova
Part 3. Specially Protected Groups
5. A House with Four Rooms Only? The Protected Groups under the Definition of Genocide
Veronika Bilkova
6. The Prevention of Cultural Genocide and the International Protection of National Minorities
Harald Christian Scheu
7. "The Victim Is the Group Itself" The Objective and Subjective Criteria in Determining the Groups Protected against Genocide Kate r ina Uhl ir ov a
8. Invisible Genocide The Relevance of the 1948 Genocide Convention to the People with Disabilities
Eliska Mockova
Part 4. Denial of Crimes
9. The Stigma of Genocide and the Denial of Communist Crimes
Tamas Hoffmann
10. The Denial of Armenian and Rohingya Genocide
Katarina Smigova
11. The Situation in Myanmar and the Territorial Jurisdiction of the ICC
Kristyna Pelikanova Urbanova
Part 5. Genocide Internationally and Domestically
12. The Czech (Czechoslovak) Experience with the Genocide Convention
Ondrej Svacek
13. Universal Jurisdiction and the Crime of Genocide
Milan Lipovsky

Bibliography
Index