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Yuval Noah HarariHäftad
The Great Reset
The UN Genocide Convention
A Commentaryav Paola GaetaThe 1948 Genocide Convention is one of the most important instruments in international law. This Commentary provides a comprehensive analysis of each article of the Convention, taking a thematic approach. It also examines the Convention's legacy and future, drawing on its preparatory works and the development of international case law on genocide.
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ASIL ...superbly edited and written, offering a comprehensive, between two covers, commentary on the convention and its drawbacks as written...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>Paola 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 Advisory Scientific Committee 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.<br>
PART I - INTRODUCTION; 1. The Road to the Genocide Convention; 2. The Convention as a Treaty on Judicial Co-operation? State Responsibility v. Individual Criminal Liability (Art. 1); 3. The Obligation to Prevent and Punish Genocide (Art. 1 and Art. 6); 4. Can the Convention be Applied Retroactively? Prosecuting Denials of Past Genocides; PART II - THE CRIME OF GENOCIDE; 5. Genocidal Acts (Art. 2); 6. Protected Groups (Art. 2); 7. Genocidal Intent (Art. 2); 8. The Policy Element (Art. 2); 9. Perpetrators and Co-perpetrators of Genocide (Art. 3 ); 10. Complicity to Commit Genocide (Art. 3); 11. Attempt to Commit Genocide (Art. 3); 12. Conspiracy and Incitement to Genocide (Art. 3); PART III - REPRESSING GENOCIDE THROUGH CRIMINAL LAW; 13. The Criminalization of Genocide in National Legal Systems (Art. 5); 14. National Criminal Jurisdiction over Genocide (Art. 6); 15. International Criminal Jurisdiction over Genocide (Art. 6); 16. The Extradition of Genocidaires (Art. 7); 17. Immunities and Genocide (Art. 4); 18. The Defence of Alleged Genocidaires; PART IV - ENFORCING THE CONVENTION; 19. The Role of the United Nations in Preventing or Suppressing Genocide (Art. 8); 20. The ICJ Jurisdiction; PART V - THE MECHANICS OF THE CONVENTION; 21. The Territorial Application of the Convention and State Succession (Article 12); 22. Life and Death of the Convention (Entry into Force, Denunciation and Revision of the Convention: Articles 13-19); PART VI - TAKING STOCK AND LOOKING TO THE FUTURE: THE CONVENTION IN THE XXIST CENTURY; 23. The Expansion of the Convention into Customary International Law; 24. Looking Ahead: Can the Convention's Flaws and Loopholes Be Remedied?