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Genocide and Political Groups

Genocide and Political Groups

Author: David L. Nersessian
Publisher: Oxford University Press
ISBN: 9780199588909
Published In: July 2010
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Most comprehensive and detailed empirical study undertaken to date on the application of the concept of genocide to political groups
Draws on thorough analysis of customary international law, including domestic legislation on genocide from some 84 states, together with nearly every domestic and international case that has applied the concept
Offers a new theoretical understanding of genocide as a rights-based offence
Includes data tables setting out international participation in the Genocide Convention on a nation-by-nation basis, summaries of the various groups covered by domestic genocide legislation, and other relevant information, making this book a major reference work on genocide

Genocide and Political Groups provides a comprehensive examination of the crime of genocide in connection with political groups. It offers a detailed empirical study of the current status of political groups under customary international law, as well as a comprehensive theoretical analysis of whether political genocide should be recognized as a separate crime by the international community.

The book discusses whether a stand-alone crime of political genocide should be recognized under international law. It begins by examining the historical development of genocide and critically assessing the unique requirements of the crime. It then demonstrates that other international offences -notably crimes against humanity and war crimes- are not workable substitutes for a specific offence that protects political groups.

This is followed by an analytical study of the protection of human groups under international law. The book proposes a new theory that links the protection of groups to individual rights of a certain character that give rise to the group's existence. It then applies that theory in evaluating whether political groups are legitimate candidates for specific protection from physical and biological destruction 'as such'.

The writing includes an exhaustive analysis of state practice and opinio jurison the treatment of political groups. It empirically refutes claims that political groups are protected already from genocide by virtue of post-Convention developments in customary international law. In response to this legal reality, however, the book analyses the theoretical and public policy justifications for international criminal law and demonstrates that the international community would be well served by creating a separate international crime to address political genocide.

Readership: Scholars and students of international criminal law and human rights law; legal officers at NGOs, foreign offices and international criminal tribunals dealing with questions of genocide; practitioners involved in international criminal trials or domestic genocide trials; scholars and students of war studies and international peace and security.

Introduction
1: Defining a Crime Without a Name
2: Conduct Elements
3: Fault Elements
4: Human Groups and Genocide
5: Political Genocide and Customary International Law
6: The Role of Other International Crimes
7: The Case for a Crime of Political Genocide
8: The Way Forward: Rethinking the Crime of Crimes
Concluding Thoughts
Bibliography
Appendix A - Data Tables - State Practice on Genocide
Appendix B - Unofficial Translations of Domestic Laws on Genocide from 84 States
Index

David L. Nersessian, Visiting Assistant Professor of Law, Boston University School of Law

Find out more about David L. Nersessian