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The 'Contextual Elements' of the Crime of Genocide


ISBN13: 9789462652248
Published: March 2018
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £109.99



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This book examines the position of 'contextual elements' as a constitutive element of the legal definition of the crime of genocide, and determines the extent to which an individual genocidaire is required to act within a particular genocidal context.

Unlike other books in the field of the study of the crime of genocide, this book captures the nuance and the complex issues of the debate by providing a book-length comprehensive examination of the position of contextual elements in light of the evolution of genocide as a concept and the literal legal definition of the crime of genocide, which expressly characterized the crime with only the existence of an individualistic intent to destroy a group.

With scholars of international criminal law, students, researchers, practitioners in the field, and international criminal tribunals in mind, the author tackles many of the issues raised on the position of contextual elements in both academic literature and judicial decisions.

Subjects:
International Criminal Law
Contents:
Chapter 1. Introduction
Chapter 2. The Nature and Difficulties of the Concept of `Contextual' Elements
Chapter 3. Contextual Elements in the Early Legal Concept of Genocide
Chapter 4. Contextual Elements in Prevailing Case Law: Application of the Legal Definition of Genocide or An Interpretative Contortion
Chapter 5. Towards a New Assessment? Contextual Elements in the Rome Statute
Chapter 6. A Critique of the Contextual Elements
Chapter 7. Conclusion
Bibliography
Table of Cases
Table of Legislation.