A critique of individualistic approaches to genocidal intent -- Collective genocide, contextual element and substantiality -- Collective genocidal intent and genocide as a criminal enterprise.
Summary:
"Tackling one of the most confusing and controversial issues in the field of international criminal law: i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the two-layered structure of the crime of genocide composed of the 'conduct level' and 'context level', it detects the genocidal intent element at the 'context level'. The genocidal intent found in this manner belongs to a collective, which significantly departs from the prior individualistic understandings of the notion of genocidal intent. The author argues that the crime of genocide is not a 'crime of mens rea'. Collective genocidal intent at the 'context level' operates in a way that renders the crime of genocide itself a criminal enterprise. The book criticizes the dominant individualistic approaches to genocidal intent (in particular: the knowledge-based approach) which have thus far governed the relevant jurisprudential and academic analysis. It further demonstrates that the hidden notion of 'collective genocide' silently governs the relevant international jurisprudence"--Back cover.
Series:
International criminal justice series, 2352-6718 ; volume 7
This resource is supported by the Institute of Museum and Library Services under the provisions of the Library Services and Technology Act as administered by State Library of Iowa.