The Genocide Convention: An International Law Analysis (international And Comparative Criminal Justice) (international And Comparative Criminal Justice)

THE GENOCIDE CONVENTION INTERNATIONAL AND COMPARATIVE CRIMINAL JUSTICE SERIES Series Editors: Mark Findlay, Institute of Criminology, University of Sydney Ralph Henham, Nottingham Law School, Nottingham Trent University This series explores the new and rapidly developing field of international and comparative criminal justice and engages with its most important emerging themes and debates. It focuses on three interrelated aspects of scholarship which go to the root of understanding the nature and significance of international criminal justice in the broader context of globalization and global governance. These include: the theoretical and methodological problems posed by the development of international and comparative criminal justice; comparative contextual analysis; the reciprocal relationship between comparative and international criminal justice and contributions which endeavor to build understandings of global justice on foundations of comparative contextual analysis. Other titles in the series Punishment and Process in International Criminal Trials Ralph Henham ISBN 0 7546 2437 4 A World View of Criminal Justice Richard Vogler ISBN 0 7546 2467 6 The Genocide Convention An International Law Analysis JOHN QUIGLEY The Ohio State University, USA © John Quigley 2006 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. John Quigley has asserted his moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work. Published by Ashgate Publishing Limited Gower House Croft Road Aldershot Hampshire GU11 3HR England Ashgate Publishing Company Suite 420 101 Cherry Street Burlington, VT 05401-4405 USA Ashgate website: http://www.ashgate.com British Library Cataloguing in Publication Data Quigley, John B. The genocide convention : an international law analysis. (International and comparative criminal justice) 1. United Nations 2. Convention on the Prevention and Punishment of the Crime of Genocide (1948) 3. Genocide I. Title 345'.0251 Library of Congress Cataloging-in-Publication Data Quigley, John B. The Genocide Convention : an international law analysis / by John Quigley. p. cm. -- (International and comparative criminal justice) Includes bibliographical references and index. ISBN 0-7546-4730-7 1. Genocide. 2. Crimes against humanity. I. Title. II. Series. K5302.Q85 2006 345'.0251--dc22 2006000103 ISBN 0 7546 4730 7 Printed and bound in Great Britain by MPG Books Ltd. Bodmin, Cornwall. Contents Table of Cases Preface List of Abbreviations vii xiii xvi PART ONE: OULAWING GENOCIDE 1 A Crime Without a Name 2 The Contours of Genocide 3 Genocide in Crime Codes 1 3 9 15 PART TWO: CALLING TO ACCOUNT 4 Prosecuting Under a Quasi-genocide Statute 5 Prosecuting Without a Genocide Statute 6 Prosecuting Under a True Genocide Statute 7 Prosecuting in International Courts 8 Suing in the World Court 21 23 27 38 50 56 PART THREE: GENOCIDE’S LEGAL ENVIRONMENT 9 Ex Post Facto Genocide 10 Treaty Violation or Crime 11 Genocide in Customary Law 12 The UN Security Council and Genocide 61 63 73 80 85 PART FOUR: GEN