A collective theory of genocidal intent [electronic resource] / Sangkul Kim.
Kim, Sangkul, author.
2016
KZ7180
Available Online

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Title A collective theory of genocidal intent [electronic resource] / Sangkul Kim.
Author Kim, Sangkul, author.
ISBN 9789462651234 (electronic book)
946265123X (electronic book)
9789462651227
9462651221
DOI https://doi.org/10.1007/978-94-6265-123-4
Published The Hague, The Netherlands : T.M.C. Asser Press, [2016]
Distributor Berlin : Produced and distributed by Springer-Verlag.
Copyright ©2016
Language English
Description 1 online resource (235 pages)
Item Number 10.1007/978-94-6265-123-4 doi
Call Number KZ7180
Dewey Decimal Classification 340
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 idea of genocide as a criminal enterprise also suggests that genocide is a leadership crime in respect of which only the high-level actors can be labeled as principals (as opposed to accessories). 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. Practitioners and academics in the field of international criminal law and related disciplines will find in this book a new approach to the crime of genocide. The text is the first-ever book-length exposition of a collective account of genocidal intent. Its accessibility is highly enhanced by relevant footnotes. Sangkul Kim is Lecturer at Korea University in Seoul and Research Fellow with the Centre for International Law Research and Policy (CILRAP). He served as Associate Legal Adviser at the Office of the Prosecutor of the International Criminal Court (2004-2008). He earned law degrees from Korea University and Georgetown University Law Center"--Provided by publisher.
Bibliography, etc. Note Includes bibliographical references and index.
Access Note Access limited to authorized users.
Digital File Characteristics text file PDF
Source of Description Description based on print version record.
Series International criminal justice series ; v. 7.
Available in Other Form Collective theory of genocidal intent.
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Introduction
A Critique of Individualistic Approaches to Genocidal Intent
Collective Genocide, Contextual Element and Substantiality
Collective Genocidal Intent and Genocide as a Criminal Enterprise
Conclusion.

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