Class Notes (922,368)
CA (542,801)
UTSG (45,887)
POL101Y1 (1,189)
Lecture

Genocide and Justice

5 Pages
84 Views

Department
Political Science
Course Code
POL101Y1
Professor
Jeffrey Kopstein

This preview shows pages 1-2. Sign up to view the full 5 pages of the document.
Genocide and Justice
Genocide is committed with the intent to destroy, in whole or part, a national, ethnical, racial or
religious group.
The Convention on the Prevention and Punishment of the Crime of Genocide passed in 1948
-this convention is silent on means of prevention, appropriate remedial actions; what is
appropriate justice for the victims/punishment for the perpetrators?
3 Levels of Criminal Activity: Genocide (most serious), Crimes Against Humanity, War Crimes.
1). Genocide occurs by:
-killing members of the group
-causing serious bodily or mental harm to members of the group
-deliberately inflicting on the group conditions of life calculated to bring about its physical
destruction, in whole or in part
-imposing measures intended to prevent births within the group
-forcibly transferring children of one group to another group
-acts directed against political groups are excluded from the definition of genocide
ex. Nuremberg; in response to first systematic intent and murder of mass scale i.e. Jews in
Europe/Holocaust b/c of racial and religious reasons
2). Crimes against Humanity International Criminal Injustice
The Charter of the International Military Tribunal, passed in 1945 after WWII, described these
atrocities as customary international crimes that justify international criminal sanctions, namely:
-murder
-enslavement
-deportation
-imprisonment
-torture
-rape, or other inhumane acts committed against any civilian population before/ during the war.
3). War Crimes, or violations of the laws and customs of war, namely:
murder
ill-treatment
deportation of slave labour or for any other purpose of the civilian population of or in occupied
territory.
Ad Hoc International Tribunal for Nuremberg Laws - 1944
- not sanctioned by any international institution thus ad hoc status
- council of victors of the war on the Nazi Germans
-they set up the Nuremberg Laws
-From this we begin to consider Victors’ Justice: how we understand justice, who establishes
the rules of justice etc.
www.notesolution.com
Genocide and Justice
Diff. between War Crimes and Crimes Against humanity
-was killing deliberate, systematic, planned, designed and prejudiced against a group of people?
If yes; genocide/crime against humanity
-one instance of a reprehensible act could be a war crime, but not a crime against humanity.
Latter must be shown to have resulted from widespread and systematic policy.
-Also, crimes against humanity (e.g.) destruction of property and systematic persecution) can
occur in any setting, while a war crime takes place only during a war.
The objections most frequently raised against the Convention on Genocide include:
-The convention excludes targeted political and social groups
-Proving intention beyond reasonable doubt is extremely difficult
-The difficulty of defining or measuring in part, and establishing how many deaths equal
genocide
PRECEDENTS:
1). The trial of Nazi war criminals.
2). The Nuremberg Laws marked a fundamental change in International Law:
1 Trial of Nazi war criminals.
2 Key Points of Nuremberg Laws/International Criminal Justice System:
First: Governments are in fact accountable for actions against their own citizenry or those under
their control in any sector said govnt occupies, during war.
>Sec. General is rep. of the State, and it is the State[s] who matter in the International System
>State sovereignty doesnt trump everything, in fact, these states have responsibility to their
citizenry and other states, so state sovereignty no longer an adequate legal principle to absolve
state from punishment or blame for committing genocide/crimes against civilians
The trials emphasized the duty to prosecute and punish, so as:
>to preserve the collective memory of those who were killed to MEMORIALIZE the victims
>to create a collective and objective HISTORY of what had happened there are those with
vested political interest in circumstances of genocide
>to create an effective DETERRENT punishment of those who perpetrated the acts
Second: Even at risk of individual soldiers’ lives, that is no excuse from committing genocide/
criminal acts against citizenry
Responsibilities of Individual States
1).Even after they have been defeated and replaced, the perpetrators of past crimes may still
www.notesolution.com

Loved by over 2.2 million students

Over 90% improved by at least one letter grade.

Leah — University of Toronto

OneClass has been such a huge help in my studies at UofT especially since I am a transfer student. OneClass is the study buddy I never had before and definitely gives me the extra push to get from a B to an A!

Leah — University of Toronto
Saarim — University of Michigan

Balancing social life With academics can be difficult, that is why I'm so glad that OneClass is out there where I can find the top notes for all of my classes. Now I can be the all-star student I want to be.

Saarim — University of Michigan
Jenna — University of Wisconsin

As a college student living on a college budget, I love how easy it is to earn gift cards just by submitting my notes.

Jenna — University of Wisconsin
Anne — University of California

OneClass has allowed me to catch up with my most difficult course! #lifesaver

Anne — University of California
Description
Genocide and Justice Genocide is committed with the intent to destroy, in whole or part, a national, ethnical, racial or religious group. The Convention on the Prevention and Punishment of the Crime of Genocide passed in 1948 -this convention is silent on means of prevention, appropriate remedial actions; what is appropriate justice for the victimspunishment for the perpetrators? 3 Levels of Criminal Activity: Genocide (most serious), Crimes Against Humanity, War Crimes. 1). Genocide occurs by: -killing members of the group -causing serious bodily or mental harm to members of the group -deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, in whole or in part -imposing measures intended to prevent births within the group -forcibly transferring children of one group to another group -acts directed against political groups are excluded from the definition of genocide ex. Nuremberg; in response to first systematic intent and murder of mass scale i.e. Jews in EuropeHolocaust bc of racial and religious reasons 2). Crimes against Humanity International Criminal Injustice The Charter of the International Military Tribunal, passed in 1945 after WWII, described these atrocities as customary international crimes that justify international criminal sanctions, namely: -murder -enslavement -deportation -imprisonment -torture -rape, or other inhumane acts committed against any civilian population before during the war. 3). War Crimes, or violations of the laws and customs of war, namely: murder ill-treatment deportation of slave labour or for any other purpose of the civilian population of or in occupied territory. Ad Hoc International Tribunal for Nuremberg Laws - 1944 - not sanctioned by any international institution thus ad hoc status - council of victors of the war on the Nazi Germans -they set up the Nuremberg Laws -From this we begin to consider Victors Justice: how we understand justice, who establishes the rules of justice etc. www.notesolution.com
More Less
Unlock Document


Only pages 1-2 are available for preview. Some parts have been intentionally blurred.

Unlock Document
You're Reading a Preview

Unlock to view full version

Unlock Document

Log In


OR

Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit