Genocide and Crimes Against Humanity
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Criminal Law

Genocide and Crimes Against Humanity Misconceptions and Confusion in French Law and Practice

By Caroline Fournet
Hart Publishing February 2013

Specifications

ISBN-13
9781849463348
Publisher
Hart Publishing
Publication
February 2013
Format
Hardback , 168 pages
Jurisdiction
France ? Countri(es) for reference only

Details

This book explores the ambiguities of the French law of genocide by exposing the inexplicable dichotomy between a progressive theory and a disinclined practice. Based on the observation that the crime of genocide has remained absent from French courtrooms to the benefit of crimes against humanity, this research dissects the reasons for this absence, reviewing and analysing the potential legal obstacles to the judicial use of the law of genocide before contemplating the definitional impact of this judicial reluctance and the consequent confusion between the two crimes. If it uses the French law of genocide and related case law on crimes against humanity as its focal points, this book further adopts a more general standpoint, suggesting that the French misunderstandings of the crime of genocide might ultimately be symptomatic of a more widespread misconception of the crime of genocide as a crime perpetrated against 'a group'.

About the Author

Caroline Fournet is the Rosalind Franklin Fellow at the Faculty of Law, University of Groningen.

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