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Author : Samuel Totten Publisher : University of Toronto Press Page : 172 pages File Size : 44,87 MB Release : 2020 Category : History ISBN : 1487524080
THE UNCG is a complicated piece of international law. This book, authored by two experts on the topic of genocide, enables readers to more accurately analyze these horrific events.
How both the Soviet Union and the United States manipulated and weakened the drafting of the United Nations Genocide Convention treaty in the midst of the Cold War.
In this definitive study, Lawrence J. LeBlanc examines the nearly forty-year struggle over ratification of the Genocide Convention by the United States. LeBlanc's analysis of the history of the convention and the issues and problems surrounding its ratification sheds important light on the process of treaty ratification in the United States and on the role of American public opinion and political culture in international human rights legislation. Drawing on case studies of genocide committed since World War II, the author also confronts the strengths and weaknesses of international adjudication as a whole. Adopted by the United Nations General Assembly in 1948 in response to the atrocities committed by the Nazis before and during World War II, the Genocide Convention was finally made law by the United States Senate in 1988 contingent upon a series of "conditions"--known as the "Lugar-Helms-Hatch Sovereignty Package"--which, LeBlanc suggests, markedly weakened the convention. Through careful analysis of the bitter debates over ratification, LeBlanc demonstrates that much of the opposition to the convention sprang from fears that it would be used domestically as a tool by groups such as blacks and Native Americans who might hold the U.S. accountable for genocide in matters of race relations.
Author : Samuel Totten Publisher : University of Toronto Press Page : 172 pages File Size : 44,12 MB Release : 2019-11-20 Category : Political Science ISBN : 1487533225
It is virtually impossible to understand the phenomenon of genocide without a clear understanding of the complexities of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (UNCG). This brief but cogent book provides an introduction to the unique wording, legal terminology, and key components of the convention, which was adopted by the United Nations General Assembly in 1948. Providing clarity on the distinctions between genocide, crimes against humanity, war crimes, and ethnic cleansing, this book is designed to be an entry into further study of genocide in its legal, historical, political, and philosophical dimensions. Key terms, such as intent and motive, are explained, case studies are included, and a detailed bibliography at the conclusion of the book offers suggested avenues for more advanced study of the UNCG.
The Genocide Convention explores the question of whether the law and genocide law in particular can prevent mass atrocities. The volume explains how genocide came to be accepted as a legal norm and analyzes the intent required for this categorization. The work also discusses individual suits against states for genocide and, finally, explores the utility of genocide as a legal concept.
This book critiques the dominant physical and biological interpretation of the Genocide Convention and argues that the idea of "culture" is central to properly understanding the crime of genocide. Using Raphael Lemkin’s personal papers, archival materials from the State Department and the UN, as well as the mid-century secondary literature, it situates the convention in the longstanding debate between Enlightenment notions of universality and individualism, and Romantic notions of particularism and holism. The author conducts a thorough review of the treaty and its preparatory work to show that the drafters brought strong culturalist ideas to the debate and that Lemkin’s ideas were held widely in the immediate postwar period. Reconstructing the mid-century conversation on genocide and situating it in the much broader mid-century discourse on justice and society he demonstrates that culture is not a distraction to be read out of the Genocide Convention; it is the very reason it exists. This volume poses a forceful challenge to the materialist interpretation and calls into question decades of international case law. It will be of interest to scholars of genocide, human rights, international law, the history of international law and human rights, and treaty interpretation.
Author : H. G. Van Der Wilt Publisher : Martinus Nijhoff Publishers Page : 306 pages File Size : 29,7 MB Release : 2012-05-16 Category : Law ISBN : 9004153284
Genocide is acknowledged as 'the crime of crimes'. This book is the product of an encounter between scholars of historical and legal disciplines which have joined forces to address the question of whether the legal concept of genocide still corresponds with the historical and social perception of the phenomenon.
United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on International Convention on the Prevention and Punishment of the Crime of Genocide
Author : United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on International Convention on the Prevention and Punishment of the Crime of Genocide Publisher : Page : 606 pages File Size : 11,64 MB Release : 1950 Category : Genocide ISBN :