
Genocide and Crimes Against Humanity
Misconceptions and Confusion in French Law and Practice
- 168 pages
- English
- ePUB (mobile friendly)
- Available on iOS & Android
Genocide and Crimes Against Humanity
Misconceptions and Confusion in French Law and Practice
About this book
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'.
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Table of contents
- Cover
- Title
- Copyright
- Acknowledgements
- Contents
- Table of Abbreviations
- Table of Cases
- Table of Legistation
- Introduction
- Part 1 Crimes Against Humanity: From Nuremberg to Lyon . . . And Back Again
- 1 Trying Klaus Barbie: Setting a Precedent?
- 2 Trying Paul Touvier and Maurice Papon: Twisting the Precedent
- 3 A Problematic Legacy
- 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
- 10 Responding to the Equalisation of Victims in the Barbie Case
- 11 Genocide: A Crime Against the Family?
- 12 Conclusion
- Bibliography
- Index