Foreign International Law

New PDF release: A Collective Theory of Genocidal Intent

By Sangkul Kim

ISBN-10: 9462651221

ISBN-13: 9789462651227

ISBN-10: 946265123X

ISBN-13: 9789462651234

Tackling the most complicated and arguable concerns within the box of foreign felony legislations — i.e., the genocidal purpose aspect, this monograph seeks to boost an account of genocidal rationale from a collectivist point of view. Drawing upon the two-layered constitution of the crime of genocide composed of the ‘conduct point’ and ‘context level’, it detects the genocidal reason aspect on the ‘context level’. The genocidal cause present in this fashion belongs to a collective, which considerably departs from the earlier individualistic understandings of the suggestion of genocidal rationale. the writer argues that the crime of genocide isn't a ‘crime of mens rea’. Collective genocidal cause on the ‘context point’ operates in a fashion that renders the crime of genocide itself a legal firm. the belief of genocide as a legal company additionally means that genocide is a management crime in admire of which basically the high-level actors might be categorized as principals (as against accessories).
The booklet criticizes the dominant individualistic ways to genocidal motive (in specific: the knowledge-based strategy) that have up to now ruled the suitable jurisprudential and educational research. It additional demonstrates that the hidden idea of ‘collective genocide’ silently governs the proper overseas jurisprudence. Practitioners and teachers within the box of overseas felony legislations and comparable disciplines will locate during this e-book a brand new method of the crime of genocide. The textual content is the first-ever book-length exposition of a collective account of genocidal purpose. Its accessibility is very more desirable through suitable footnotes.Sangkul Kim is Lecturer at Korea collage in Seoul and study Fellow with the Centre for foreign legislations examine and coverage (CILRAP).He served as affiliate criminal Adviser on the place of work of the Prosecutor of the foreign felony courtroom (2004-2008). He earned legislation levels from Korea collage and Georgetown college legislation Center.

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Additional resources for A Collective Theory of Genocidal Intent

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In the criminal justice systems of continental Europe, the Roman law concept of ‘dolus’ is similar to ‘specific intent’. It is dolus that must be established, requiring a showing that the actor either specifically sought to produce a particular result or knew that his conduct was part of an overall plan or practice designed to eliminate in whole or in part a certain group of people. It is this element of specific intent which distinguishes genocide from crimes against humanity, war crimes, and common crimes”.

68 In this respect, would it be an overstatement if one claims that the knowledge-based approach is an example of extending a crime definition itself in order to legitimize a doubtful practice? 69 In the following section, I will elaborate on the problematic aspects of the knowledge-based approach in more detail. 1 A Hypothetical: An Insomniac Commander “Sleep no more! Macbeth does murder sleep,” – William Shakespeare, Macbeth act 2, sc. 2, lines 39–40. On the basis of the overview of the purpose-based and the knowledge-based approaches that I provided in the previous sections, let us think about a hypothetical that reads as follows: An old woman approached a militia commander with a contract offer to destroy a protected group.

33 In this sense, the knowledge-based approach to genocidal intent is considered to be a good example of an expansion of definitions of crimes that casts serious doubts on international criminal law’s faithfulness to the fundamental principles of personal culpability, legality, and fair labeling, as illustrated by Darryl Robinson as follows: Despite [international criminal law’s] claim of exemplary adherence to these fundamental principles, recent scholarship has questioned this adherence in specific areas, most notably the doctrine of ‘joint criminal enterprise’.

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