By Sangkul Kim
Tackling some of the most complicated and arguable matters within the box of foreign felony legislation — i.e., the genocidal purpose point, this monograph seeks to strengthen an account of genocidal cause from a collectivist point of view. Drawing upon the two-layered constitution of the crime of genocide composed of the ‘conduct point’ and ‘context level’, it detects the genocidal cause point on the ‘context level’. The genocidal motive present in this fashion belongs to a collective, which considerably departs from the past individualistic understandings of the proposal of genocidal purpose. the writer argues that the crime of genocide isn't really a ‘crime of mens rea’. Collective genocidal reason on the ‘context point’ operates in a fashion that renders the crime of genocide itself a legal company. the assumption of genocide as a legal company additionally means that genocide is a management crime in admire of which basically the high-level actors could be categorised as principals (as against accessories).
The e-book criticizes the dominant individualistic techniques to genocidal cause (in specific: the knowledge-based procedure) that have to date ruled the suitable jurisprudential and educational research. It additional demonstrates that the hidden concept of ‘collective genocide’ silently governs the correct overseas jurisprudence. Practitioners and lecturers within the box of overseas felony legislation and comparable disciplines will locate during this publication a brand new method of the crime of genocide. The textual content is the first-ever book-length exposition of a collective account of genocidal rationale. Its accessibility is extremely better through proper footnotes.Sangkul Kim is Lecturer at Korea collage in Seoul and examine Fellow with the Centre for foreign legislation study and coverage (CILRAP).He served as affiliate criminal Adviser on the place of work of the Prosecutor of the foreign legal court docket (2004-2008). He earned legislations levels from Korea college and Georgetown collage legislations Center.
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Additional info for A Collective Theory of Genocidal Intent
2 infra. 64 Greenawalt 1999, p. 2282. 65 The Appeals Chamber of the ICTY, for instance, has taken a cautious approach in finding an individual mens rea by inference. Accordingly, the Chamber is of the view that “that inference must be the only reasonable inference available on the evidence”. Prosecutor v. Krstić, Appeals Judgment, 19 April 2004, para 41, and sources cited therein. 68 In this respect, would it be an overstatement if one claims that the knowledge-based approach is an example of extending a crime definition itself in order to legitimize a doubtful practice?
147, footnote 1100; Prosecutor v. Krstić, Appeals Judgment, 19 April 2004, p. 72, footnote 363; Prosecutor v. Blagojević and Jokić, Trial Judgment, 17 January 2005, para 656. 23 Prosecutor v. Rutaganda, Trial Judgment, 6 December 1999, para 58. 24 Ibid. para 59. 25 Prosecutor v. Stakić, Trial Judgment, 31 July 2003, para 520. 29 The crux of the purpose-based approach has been summarized by Kai Ambos when he says, “[i]n sum, the case-law’s approach is predicated on the understanding, as originally suggested by Akayesu, that ‘intent to destroy’ means a special or specific intent which, in essence, expresses the 26 Note that the phrase “consciously desired” was previously used by the ICTY Prosecution in Jelisić case and Krstić case.
N. , 73d mtg. N. Doc. 73, Oct. 13, 1948. Karadžić during his trial at the ICTY actually made an observation in which he reported the accounts of his subordinates who physically committed killings at Srebrenica that they did not have genocidal intent. For more discussion on this argument made by Karadžić, see Chap. 4, footnotes 243 and 244 infra and accompanying text. 47 Greenawalt 1999, pp. 2264–2265. 48 Ibid. at 2259 (1999) (emphasis added). Though a text almost verbatim in language appears in the body of the article (pp.