Chapter

The Case for a Crime of Political Genocide

Dr. David Nersessian

in Genocide and Political Groups

Published in print July 2010 | ISBN: 9780199588909
Published online September 2010 | e-ISBN: 9780191594557 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199588909.003.0008
The Case for a Crime of Political Genocide

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This chapter discusses why political genocide should be proscribed as a separate international crime. It evaluates political genocide in light of the underlying theoretical justifications for international criminal regulation as well as the overall goals of the international criminal justice system. In particular, it discusses the characteristics of international crimes as events that both threaten international peace and security and shock the collective conscience of humanity. It also details the underlying justifications for international criminal regulation (deterrence, retribution, expression, and restoration) and demonstrates that criminal prosecution is an essential remedy for the human rights violations arising out of political genocide. Ultimately, it concludes that the international community should create a separate offence of political genocide to squarely address this conduct.

Keywords: political groups; genocide; political genocide; retribution; deterrence; expression; restorative justice; international criminal law; international crimes; international criminal court

Chapter.  11246 words. 

Subjects: Human Rights and Immigration

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