ABSTRACT

Elements of Genocide provides an authoritative evaluation of the current perception of the crime, as it appears in the decisions of judicial authorities, the writings of the foremost academic experts in the field, and in the texts of Commission Reports. Genocide constitutes one of the most significant problems in contemporary international law. Within the last fifteen years, the world has witnessed genocidal conduct in Rwanda and Bosnia and Herzegovina, while the debate on the commission of genocide in Darfur and the DR Congo is ongoing. Within the same period, the prosecution of suspected génocidaires has taken place in international tribunals, internationalised tribunals and domestic courts; and the names of Slobodan Milosevic, Radovan Karadzic and Saddam Hussein feature among those against whom charges of genocide were brought. Pursuing an interdisciplinary examination of the existing case law on genocide in international and domestic courts, Elements of Genocide comprehensive and accessible reflection on the crime of genocide, and its inherent complexities.

chapter |3 pages

Introduction

part |46 pages

The concept and development of the law of genocide

chapter |31 pages

Establishing the foundations for the international criminalisation of acts of genocide

From the Martens Clause to the International Criminal Court

part |123 pages

The legal elements of genocide

chapter |17 pages

The actus reus of genocide

chapter |27 pages

The mens rea of genocide

chapter |48 pages

Forms of perpetration

part |59 pages

The domestic prosecution and sentencing of genocide

part |19 pages

Concluding thoughts

chapter |17 pages

The need for a genocide law