دانلود کتاب جنایت نسل کشی: آن زمان و اکنون

Adopted on 9 December 1948, the Convention on the Prevention and Punishment of the Crime of Genocide entered into force on 12 January 1951. In order to mark the importance of the latter event for the evolution of international law, Pavel Šturma and Milan Lipovský convened an international conference under the auspices of Prague’s Charles University’s flourishing Human Rights Center. In September 2020, when the conference took place, the pandemic kept a firm hold also over Prague. Together with their invitees, mainly coming from Central Europe, the two organizers and their formidable team, demonstrated that, albeit nothing can fully replace face to face scholarly exchange, a meaningful, even vibrant academic conversation is indeed possi­ble in digital form on the basis of a well- conceived structure. Given the con­ference’s success, its conveners must be commended for having edited most of the papers – with certain revisions and with the addition of references in footnotes – in the form of this volume. At its core, ‘The Crime of Genocide Then and Now: Evolution of a Crime’ collects international legal studies of a doctrinal nature, both from the perspectives of international criminal law and the law of state responsibility for internationally wrongful acts. The book covers a wide variety of events extending from the time predating the Genocide Convention’s entry into force until the most recent years (look solely at the time frame covered by Katarína Šmigová) and it contains both close insights in the travaux préparatoires and detailed analysis of the most recent develop­ments in judicial practice and in legal scholarship. While no claim is made that the definition of genocide has undergone substantial change as a result of the practice of states subsequent to the Genocide Convention’s entry into force, no reader of this book can fail to appreciate to what extent the practice of states, the jurisprudence of international and domestic courts, and the work of scholars, especially since the 1990’s, have led to a refined understanding of the international legal concept of genocide as well as to a sharper deline­ation of the multiple areas of remaining controversies. This is demonstrated in significant detail and great precision with respect to a wide range of sub­stantial legal issues, such as genocidal intent (Michala Chadimová), protected groups (Veronika Bílková, Kateřina Uhlířová), and the interrelation between state and individual responsibility (Pavel Šturma) and the hitherto much less explored concept of attempted genocide (Nikola Kurková Klímová) as well as with a view to the boundaries of the International Criminal Court’s ‘territorial’ jurisdiction- limb over the crime of genocide (Kristýna Urbanová) and to the exercise of universal jurisdiction over that crime by domestic courts (Milan Lipovský). While the majority of its chapters focus their analysis on the existing law against genocide, the collection does not stop there. Harald C. Scheu situ­ates the latter body of law in its broader context of international human rights law and, more particular, international law on the protection of minorities, and Eliška Mocková criticizes the existing concept of genocide for excluding the systematic murder of people with disabilities after recalling the painful memory of past atrocities of that kind. Markus P. Beham moves the analysis even beyond law and legal policy and connects the present legal debate with that conducted by scholars from other disciplines under the umbrella term of ‘Genocide Studies’. Last, but not least, the volume provides further evidence for the fact that, while the international law against genocide is of a universal character at its core, regional and even national policy perspectives on that body of law may differ in emphasis. Tamás Hoffmann sheds light on how its experience with the communist rule in the not so distant past continues to influence the policy approach of a number of Central European countries to the law against genocide (and to international criminal law more broadly), and Ondřej Svaček, quite appropriately in regard to the location of the conference, presents an insight into the Czechoslovak and then Czech experience with the Genocide Convention. ‘The Crime of Genocide Then and Now: Evolution of a Crime’ assembles contributions of high scholarly quality with a lot of fresh thinking on the international legal and legal policy complexities of genocide seventy years after the Genocide Convention’s entry into force. Last but not least, the fine collection shows how much international legal scholarship from Austria, the Czech Republic, Hungary, Poland, and Slovakia – including quite a few of its younger representatives – have to say on this intriguing subject mat­ter. Not too far from his birthplace, even after decades Raphael Lemkin’s legacy resonates most creatively.