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The Humanity of Universal Crime

The Humanity of Universal Crime
Author: Sinja Graf
Publisher: Oxford University Press
Total Pages:
Release: 2021-02-15
Genre: Political Science
ISBN: 0197535712

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The international crime of "crimes against humanity" has become integral to contemporary political and legal discourse. However, the conceptual core of the term--an act against all of mankind--has a longer and deeper history in international political thought. In an original excavation of this history, The Humanity of Universal Crime examines theoretical mobilizations of the idea of universal crime in colonial and post-colonial contexts. Sinja Graf demonstrates the overlooked centrality of humanity and criminality to political liberalism's historical engagement with world politics, thereby breaking with the exhaustively studied status of individual rights in liberal thought. Graf argues that invocations of universal crime project humanity as a normatively integrated, yet minimally inclusive and hierarchically structured subject. Such visions of humanity have in turn underwritten justifications of foreign rule and outsider intervention based on claims to an injury universally suffered by all mankind. Foregrounding the "political productivity" of universal crime, the book traces the intellectual history of the rise, fall, and reappearance of notions of universal crime in political theory over time. It looks particularly at the way European theorists have deployed the concept in assessing the legitimacy of colonial rule and foreign intervention in non-European societies. The book argues that an "inclusionary Eurocentrism" subtends the authorizing and coercive dimensions of universal crime. Unlike much-studied "exclusionary Eurocentrist" thinking, "inclusionary Eurocentrist" arguments have historically extended an unequal, repressive "recognition via liability" to non-European peoples. Overall the book offers a novel view of how claims to act in the name of humanity are deeply steeped in practices that reproduce structures of inequality at a global level, particularly across political empires.


The Humanity of Universal Crime

The Humanity of Universal Crime
Author: Sinja Graf
Publisher: Oxford University Press, USA
Total Pages: 277
Release: 2021
Genre: Law
ISBN: 0197535704

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""Crimes against humanity" has become integral to contemporary political and legal discourse. The conceptual core of the term - an act offending against all of mankind -, however, runs deep in the history in international political thought. In an original excavation of this history, The Politics of Universal Crime examines theoretical mobilizations of the idea of "universal crime" in colonial and post-colonial contexts. The book demonstrates the overlooked centrality of humanity and criminality to political liberalism's historical engagement with world politics, thereby breaking with the exhaustively studied status of individual rights in liberal thought. It is argued that invocations of universal crime project humanity as a normatively integrated, yet minimally inclusive and hierarchically structured subject. Such visions of humanity have in turn underwritten justifications of foreign rule and outsider intervention based on claims to an injury universally suffered by all mankind. The study foregrounds the "political productivity" of universal crime that entails distinct figures, relationships and forms of authority and agency. The book traces this argument through European political theorists' deployments of universal crime in assessing the legitimacy of colonial rule and foreign intervention in non-European societies. Analyzing John Locke's notion of universal crime in the context of English colonialism, the concept's retooled circulation during the nineteenth century and contemporary cosmopolitanism's reliance on 'crimes against humanity', it identifies an 'inclusionary Eurocentrism' that subtends the authorizing and coercive dimensions of universal crime. Unlike much-studied 'exclusionary Eurocentrist' thinking, 'inclusionary Eurocentrist' arguments have historically extended an unequal, repressive 'recognition via liability' to non-European peoples"--


Crimes Against Humanity

Crimes Against Humanity
Author: Nergis Canefe
Publisher: University of Wales Press
Total Pages: 338
Release: 2021-04-15
Genre: Law
ISBN: 178683703X

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This volume considers how, based on the examination of cases pertaining to transitional justice settings that resort to local interpretations of crimes against humanity jurisprudence, fragmentation of international law and circumscribed applications of universal jurisdiction are necessary aspects of the grand enterprise to overcome the impasse of the tainted legacy of international criminal law in the Global South. If we are to proceed with adjudication of the most egregious and heinous crimes involving state criminality without facing the charge of neo-colonialist plotting, then we must reckon with localised and domesticated interpretations of international criminal law, rather than pursuing strict forms of legislative dictation of international criminal law.


The Concept of Universal Crimes in International Law

The Concept of Universal Crimes in International Law
Author: Terje Einarsen
Publisher: Torkel Opsahl Academic EPublisher
Total Pages: 361
Release: 2012-08-15
Genre: Law
ISBN: 8293081333

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This groundbreaking study seeks to clarify the concept of universal crimes in international law. It provides a new framework for understanding important features of this complex field of law concerned with the most serious crimes. Central issues include the following: What are the relevant crimes that may give rise to direct criminal liability under international law? Are they currently limited to certain core international crimes? Why should certain crimes be included whereas other serious offences should not? Should specific legal bases be considered more compelling than others for selection of crimes? Terje Einarsen (1960) is a judge at the Gulating High Court. He holds a Ph.D. (Doctor Juris) from the University of Bergen and a masters degree (LL.M.) from Harvard Law School.


Crimes Against Humanity

Crimes Against Humanity
Author: Geoffrey Robertson
Publisher: Penguin UK
Total Pages: 592
Release: 2006-08-31
Genre: Law
ISBN: 0141024631

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In this fresh edition of the book which has inspired the global justice movement, Geoffrey Robertson QC explains why we must hold political and military leaders accountable for genocide, torture and mass murder - the crimes against humanity that have disfigured the world. He shows how human rights standards can be enforced against cruel governments, armies and multi-national corporations. This seminal work now contains a critical perspective on recent events, such as the invasion of Iraq, the abuses at AbuGhraib, the killings in Darfur, the death of Milosevic and the trial of Saddam Hussein. Cautiously optimistic about ending impunity, but unsparingly critical of diplomats, politicians, Bush lawyers and others who evade international rules, this third edition will provide further guidance to a movement which aims to make justice predominant in world affairs. 'A beacon of clear-sighted commitment to the humanitarian cause. . . impassioned. . . exemplary. . . seminal' Observer


The Humanity of Universal Crime

The Humanity of Universal Crime
Author: Sinja Graf
Publisher: Oxford University Press
Total Pages:
Release: 2021-02-15
Genre: Political Science
ISBN: 0197535720

Download The Humanity of Universal Crime Book in PDF, ePub and Kindle

The international crime of "crimes against humanity" has become integral to contemporary political and legal discourse. However, the conceptual core of the term--an act against all of mankind--has a longer and deeper history in international political thought. In an original excavation of this history, The Humanity of Universal Crime examines theoretical mobilizations of the idea of universal crime in colonial and post-colonial contexts. Sinja Graf demonstrates the overlooked centrality of humanity and criminality to political liberalism's historical engagement with world politics, thereby breaking with the exhaustively studied status of individual rights in liberal thought. Graf argues that invocations of universal crime project humanity as a normatively integrated, yet minimally inclusive and hierarchically structured subject. Such visions of humanity have in turn underwritten justifications of foreign rule and outsider intervention based on claims to an injury universally suffered by all mankind. Foregrounding the "political productivity" of universal crime, the book traces the intellectual history of the rise, fall, and reappearance of notions of universal crime in political theory over time. It looks particularly at the way European theorists have deployed the concept in assessing the legitimacy of colonial rule and foreign intervention in non-European societies. The book argues that an "inclusionary Eurocentrism" subtends the authorizing and coercive dimensions of universal crime. Unlike much-studied "exclusionary Eurocentrist" thinking, "inclusionary Eurocentrist" arguments have historically extended an unequal, repressive "recognition via liability" to non-European peoples. Overall the book offers a novel view of how claims to act in the name of humanity are deeply steeped in practices that reproduce structures of inequality at a global level, particularly across political empires.


International Prosecution of Human Rights Crimes

International Prosecution of Human Rights Crimes
Author: Wolfgang Kaleck
Publisher: Springer Science & Business Media
Total Pages: 222
Release: 2006-11-22
Genre: Law
ISBN: 3540462783

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The book explores recent developments in the international and national prosecution of persons accused of committing war crimes and crimes against humanity. It considers the relationship between national and international law, science and practice, with emphasis on the emerging principle of universial jurisdiction and the effect of "the war on terror" on legal norms.


Piracy and the Origins of Universal Jurisdiction

Piracy and the Origins of Universal Jurisdiction
Author: Mark Chadwick
Publisher: BRILL
Total Pages: 290
Release: 2019-01-03
Genre: Law
ISBN: 9004390464

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In Piracy and the Origins of Universal Jurisdiction, Mark Chadwick relates a colourful account of how and why piracy on the high seas came to be considered an international crime subject to the principle of universal jurisdiction, prosecutable by any State in any circumstances.


Forging a Convention for Crimes against Humanity

Forging a Convention for Crimes against Humanity
Author: Leila Nadya Sadat
Publisher: Cambridge University Press
Total Pages: 0
Release: 2013-11-21
Genre: Law
ISBN: 9781107676794

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Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.


A Theory of Punishable Participation in Universal Crimes

A Theory of Punishable Participation in Universal Crimes
Author: Terje Einarsen
Publisher: Torkel Opsahl Academic EPublisher
Total Pages: 744
Release: 2018-12-07
Genre: Law
ISBN: 8283481282

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This study is the second in the four-part series entitled “Rethinking the Essentials of International Criminal Law and Transitional Justice”. While the first volume, The Concept of Universal Crimes in International Law, explored the parameters and theories related to crimes under international law, this book examines the notion of punishable participation in such crimes. It presents a general theory of personal criminal liability and provides a comprehensive overview of all forms of criminal participation in international law. The authors examine numerous primary materials in international and transnational criminal law, both historical and current, relating to both international and domestic jurisprudence. They also review academic literature that attempts to explain and bring consistency to the jurisprudence, as well as other sources such as reports of the International Law Commission. This rich empirical tapestry is then used to test and further develop an overarching conceptual theory and matrix that provides a better understanding of the boundaries of personal criminal liability lex lata and lex ferenda and of the relationship between the various forms of punishable participation in universal crimes. Like the first volume, this book makes a valuable contribution to a more coherent and practical understanding of international criminal law.