The 'Contextual Elements' of the Crime of Genocide

Criminal Law

The 'Contextual Elements' of the Crime of Genocide

By Koursami Nasour
T.M.C. Asser Press March 2018

Specifications

ISBN-13
9789462652248
Publisher
T.M.C. Asser Press
Publication
March 2018
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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.

Table of 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.
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