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OverviewThe Convention for the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly on 9 December 1948, is one of the most important instruments of contemporary international law. It was drafted in the aftermath of the Nuremberg trial to give flesh and blood to the well-known dictum of the International Military Tribunal, according to which 'Crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced'. At Nuremberg, senior state officials who had committed heinous crimes on behalf or with the protection of their state were brought to trial for the first time in history and were held personally accountable regardless of whether they acted in their official capacity. The drafters of the Convention on Genocide crystallized the results of the Nuremberg trial and thus ensured its legacy. The Convention established a mechanism to hold those who committed or participated in the commission of genocide, the crime of crimes, criminally responsible. Almost fifty years before the adoption of the Rome Statute, the Convention laid the foundations for the establishment of the International Criminal Court. It also obliged its Contracting Parties to criminalise and punish genocide.This book is a much-needed Commentary on the Genocide Convention. It analyses and interprets the Convention thematically, thoroughly covering every article, drawing on the Convention's travaux préparatoires and subsequent developments in international law. The most complex and important provisions of the Convention, including the definitions of genocide and genocidal acts, have more than one contribution dedicated to them, allowing the Commentary to explore all aspects of these concepts. The Commentary also goes beyond the explicit provisions of the Convention to discuss topics such as the retroactive application of the Convention, its status in customary international law and its future. Full Product DetailsAuthor: Paola Gaeta (, Professor of International Criminal Law, University of Geneva and University of Florence)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 16.00cm , Height: 4.00cm , Length: 24.00cm Weight: 1.063kg ISBN: 9780199570218ISBN 10: 0199570213 Pages: 616 Publication Date: 15 October 2009 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsPart I - Introduction 1: Yuval Shany: The Road to the Genocide Convention and Beyond 2: Orna Ben Naftali: The Obligation to Prevent and to Punish Genocide 3: Ben Saul: The Implementation of the Genocide Convention at the National Level Part II - The Definition of Genocide 4: Florian Jessberger: The Definition and the Elements of the Crime of Genocide 5: Fanny Martin: The Notion of 'Protected Groups' in the Genocide Convention and Its Application 6: Antonio Cassese: Is Genocidal Policy a Requirement for the Crime of Genocide? Part III - Individual Criminal Responsibility for Genocide 7: Alexander Zahar: Perpetrators and Co-perpetrators of Genocide (Art. 3 ) 8: Elies van Sliedregt: Complicity to Commit Genocide 9: Jens David Ohlin: Attempt to Commit Genocide 10: Jens David Ohlin: Incitement and Conspiracy to Commit Genocide Part IV - The Repression of the Crime of Genocide 11: Vanessa Thalmann: National Criminal Jurisdiction over Genocide 12: Salvatore Zappalà: International Criminal Jurisdiction over Genocide 13: Robert Roth: The Extradition of Génocidaires 14: Paola Gaeta: Immunities and Genocide 15: Judge Howard Morrison QC: The Defence of Alleged Genocidaires Part V - Accountability of States for Genocide 16: Anja Seibert-Fohr: State Responsibility for Genocide under the Genocide Convention 17: Jens Ohlin: State Responsibility for Conspiracy, Incitement and Attempt To Commit Genocide 18: Paolo Palchetti: State Responsibility for Complicity in Genocide Part VI - Enforcing the Convention Through the United Nations 19: Giorgio Gaja: The Role of the United Nations in Preventing and Suppressing Genocide 20: Robert Kolb: The Compromissory Clause of the Convention 21: Robert Kolb and Sandra Krähenmann: The Scope Ratione Personae of the Compulsory Jurisdiction of the ICJ 22: Robert Kolb: The Scope Ratione Materiae of the Compulsory Jurisdiction of the ICJ Part VII - The Mechanics of the Convention 23: Marko Milanovic: Territorial Application of the Genocide Convention and State Succession 24: Katherine Del Mar: Operative Provisions of the Genocide Convention Part VIII - The Convention in the Twenty-First Century 25: Christian Tomuschat: Prosecuting Denials of Past Alleged Genocides 26: Antonio Cassese: Taking Stock of the Genocide Convention and Looking Ahead Appendix: Convention on the Prevention and Punishment of the Crime of GenocideReviews<br> No public library, private collection, or international decision-maker's legal resources would be complete without this comprehensive, but succinct, guidebook on both the historical and contemporary themes which drive the letter and spirit of the UN's Genocide Convention. <br>--ASIL UN21 Newsletter, Issue #42, September 2011<p><br> Author InformationPaola Gaeta is a Professor of International Criminal Law at Florence University. Since September 2007 she is also a Professor of International Criminal Law at the Law Faculty of the University of Geneva and Director of the LL.M. Programme of the Geneva Academy of International Humanitarian Law and Human Rights. She is a member of the Editorial Board of the Journal of International Criminal Justice and of the Editorial Board of the European Journal of International Law. Her publications include La giustizia cautelare nel diritto internazionale (Interim measures taken by International courts and tribunals) (2000) and The Statute of the International Criminal Court: A Commentary (co-edited with A Cassese and JRWD Jones, 2001). She has also published numerous articles on public international law, international humanitarian law and international criminal law. Tab Content 6Author Website:Countries AvailableAll regions |
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