Abstract

http://ssrn.com/abstract=1640188
 


 



On Genocide


Anthony D'Amato


Northwestern University - School of Law

October 15, 2010

Naval War College International Law Studies (Blue Book), Vol. 75, pp. 119-130, 2010
Northwestern Public Law Research Paper No. 10-62

Abstract:     
The crime of genocide is the newest international crime. It must be kept as a separate, distinct, and coherent concept. It is the first truly subjective crime; all other crime, though requiring mens rea, require only that the defendant consciously committed the criminal acts. In the case of genocide, however, the underlying criminal acts are no different from the acts required to prove ordinary crimes. The difference is one of motive. What is being punished by the crime of genocide is the selection of victims according to their involuntary membership in four kinds of groups: national, ethnic, racial, or religious. The distinctiveness of this new crime turns on how seriously prosecutors, defense counsel, and judges in future cases take and examine evidence of a defendant’s motives.

Number of Pages in PDF File: 11

Keywords: Genocide, L.C. Green, International Criminal Tribunals, Convention for the Prevention and Punishment of Genocide, Kovacevic Trial

JEL Classification: K10, K19, K33

Accepted Paper Series





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Date posted: October 17, 2010  

Suggested Citation

D'Amato, Anthony, On Genocide (October 15, 2010). Naval War College International Law Studies (Blue Book), Vol. 75, pp. 119-130, 2010; Northwestern Public Law Research Paper No. 10-62. Available at SSRN: http://ssrn.com/abstract=1640188

Contact Information

Anthony D'Amato (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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