Genocide and Crimes Against Humanity

Misconceptions and Confusion in French Law and Practice

Caroline Fournet (Autor)

Buch | Hardcover

168 Seiten

2013
Hart Publishing (Verlag)
978-1-84946-334-8 (ISBN)

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This book explores the ambiguities of the French law of genocide by exposing the inexplicable dichotomy between a progressive theory and a disinclined practice. Observing that the crime of genocide has remained absent from French courtrooms to the benefit of crimes against humanity, this research dissects the reasons for this absence.

This book explores the ambiguities of the French law of genocide by exposing the inexplicable dichotomy between a progressive theory and an overly conservative practice. Based on the observation that the crime of genocide has remained absent from French courtrooms to the benefit of crimes against humanity, this research dissects the reasons for this absence, reviewing and analysing the potential legal obstacles to the judicial use of the law of genocide before contemplating the definitional impact of this judicial reluctance and the consequent confusion between the two crimes. Whilst it uses the French law of genocide and related case law on crimes against humanity as its focal points, the book further adopts a more general standpoint, suggesting that the French misunderstandings of the crime of genocide might ultimately be symptomatic of a more widespread misconception of the crime of genocide as a crime perpetrated against 'a group'.

Caroline Fournet is Associate Professor and Rosalind Franklin Fellow at the Department of Criminal Law and Criminology at the University of Groningen .

Introduction

Part 1 Crimes Against Humanity: From Nuremberg to Lyon . . . And Back Again

1 Trying Klaus Barbie: Setting a Precedent?

1.1 Crimes Against Humanity and the Victimisation of the Individual

1.2 Systematic Crimes 'in the Name of a State Practising a Policy of Ideological Supremacy'

1.3 Perceiving the Knowledge Requirement

2 Trying Paul Touvier and Maurice Papon: Twisting the Precedent

3 A Problematic Legacy

3.1 Equalising Victims, Confusing Crimes

3.2 Making of Nuremberg a Law of Circumstances

Part 2 Punishing Genocide: Too Much To Ask?

4 The Direct Applicability of the Genocide Convention under French Law

5 The Non-Applicability of Statutory Limitations to the Crime of Genocide

6 The Applicability of Retroactive Criminal Norms

7 The Contemporary Understanding of the Law of Genocide by the French Judiciary: Dualism in Disguise?

8 Concluding Observations

Part 3 Why Genocide?

9 Responding to the Incorrect Ill-Qualification of Vichy France in the Touvier and Papon cases

9.1 The Laws of Vichy France: 'An Impeccable Style for an Infinite Horror'

9.2 The Criminal Acts of Vichy France: The Question of Genocidal Intent

9.3 The Criminality of Vichy France: Complicity in Genocide

10 Responding to the Equalisation of Victims in the Barbie Case

11 Genocide: A Crime Against the Family?

11.1 The Legal Destruction of the Family

11.2 The Physical Destruction of the Family

12 Conclusion

Erscheint lt. Verlag	31.1.2013
Reihe/Serie	Studies in International and Comparative Criminal Law
Verlagsort	Oxford
Sprache	englisch
Maße	156 x 234 mm
Gewicht	423 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Strafrecht ► Besonderes Strafrecht
ISBN-10	1-84946-334-4 / 1849463344
ISBN-13	978-1-84946-334-8 / 9781849463348
Zustand	Neuware