Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

DeepDyve requires Javascript to function. Please enable Javascript on your browser to continue.

The 'Contextual Elements' of the Crime of Genocide

Part of the International Criminal Justice Series Book Series (volume 17)

DOI: 10.1007/978-94-6265-225-5

ISBN: 978-94-6265-224-8

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

Feb 11, 2018

LitStream

Chapter 1Introduction

Koursami, Nasour

Pages: 1 –18

[ To illuminate the inexplicable consistent referral to the contextual elements of the crime of genocide contrary to the textual reading of the definition, this introductory chapter provides a background to tackling the issue of context, by tracing the formation of the concept of genocide and the...
LitStream

Chapter 2The Nature and Difficulties of the Concept of ‘Contextual’ Elements

Koursami, Nasour

Pages: 19 –44

[This chapter focuses on the nature, inherent characteristics, and difficulties of the concept of ‘contextual elements’ in the crime of genocide. It reverts to the origin of the concept of context and its elements and uses in relation to international crimes in general, through exploration of the...
LitStream

Chapter 3Contextual Elements in the Early Legal Concept of Genocide

Koursami, Nasour

Pages: 45 –83

[This chapter examines the position of contextual elements in the evolution of the early concept of genocide from the pre-codification period; through the lens of the Travaux Préparatoires of the Convention and development in the period following the ratification of the Genocide Convention, with...
LitStream

Chapter 4Contextual Elements in Prevailing Case Law: Application of the Legal Definition of Genocide or an Interpretative Contortion

Koursami, Nasour

Pages: 85 –115

[This chapter addresses the question of context in the jurisprudence or case law of the Ad Hoc Tribunals in order to appreciate the position of the contextual elements of the crime from the practical assessment of the definition of the crime. The chapter begins by illustrating the courts’ clear...
LitStream

Chapter 5Towards a New Assessment? Contextual Elements in the Rome Statute

Koursami, Nasour

Pages: 117 –153

[This chapter examines the orientation of the Rome Statute towards a new assessment of the contextual elements of the crime of genocide. The Elements of Crimes represented a novel addition with very little guidance on its status or interpretation, or what purpose it intended to serve in light of...
LitStream

Chapter 6A Critique of the Contextual Elements

Koursami, Nasour

Pages: 155 –189

[This chapter seeks a critique of the contextual elements by reviewing the legal and theoretical arguments underpinning the significance of the contextual elements. The aim here is to conduct an in-depth and inclusive analysis of all the legal authorities and academic literature in the field, to...
LitStream

Chapter 7Conclusion

Koursami, Nasour

Pages: 191 –196

[Although the crime of genocide was conceived as an academic concept and subsequently rooted in social science, all its constitutive elements in criminal law were limited to those provided for in the Genocide Convention’s definition. Bearing in mind the lack of reference to contextual elements in...

results per page

Prev
1
Next

Browse All eBooks