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A Collective Theory of Genocidal Intent

Part of the International Criminal Justice Series Book Series (volume 7)

DOI: 10.1007/978-94-6265-123-4

ISBN: 978-94-6265-122-7

Publisher: T.M.C. Asser Press - Springer Journals

May 25, 2016

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Chapter 1Introduction

Kim, Sangkul

Pages: 1 –11

[They said in their hearts, Let us destroy them together: they have burned up all the synagogues of God in the land. We see not our signs: there is no more any prophet: neither is there among us any that knoweth how long.]
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Chapter 2A Critique of Individualistic Approaches to Genocidal Intent

Kim, Sangkul

Pages: 13 –96

[In this chapter, my discussion begins with a critique of individualistic approaches to interpreting the genocidal intent element. I criticize the knowledge-based approach mainly in view of its legal implications of attaching principal liability to subordinate actors. I ask whether there still...
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Chapter 3Collective Genocide, Contextual Element and Substantiality

Kim, Sangkul

Pages: 97 –169

[Newly equipped with a lens of collectivist perspective, in this chapter, my analysis begins with expounding the two-layered structure of genocide—that is, the ‘conduct level’ and the ‘context level’. Throughout this chapter, I place an emphasis on the importance of the ‘context level’ for the...
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Chapter 4Collective Genocidal Intent and Genocide as a Criminal Enterprise

Kim, Sangkul

Pages: 171 –227

[In this chapter, this book turns its focus to the conceptual counterpart of individual genocidal intent—that is, ‘collective genocidal intent’ called by various names such as ‘genocidal plan/plan of genocide’, ‘wider plan to destroy’, ‘wider-ranging intention to destroy’, ‘overall intent’, and...
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Chapter 5Conclusion

Kim, Sangkul

Pages: 229 –231

[Thus far, I have developed a collective theory of genocidal intent. My discussion began with a critique of individualistic approaches to interpreting the genocidal intent element. I criticized the knowledge-basedKnowledge-based approach theory mainly in view of its legal implications of...

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