| Acknowledgements |
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ix | |
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xv | |
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xix | |
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xxvii | |
| Introduction |
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1 | (6) |
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Part 1 Crimes Against Humanity: From Nuremberg to Lyon...And Back Again |
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7 | (42) |
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1 Trying Klaus Barbie: Setting a Precedent? |
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11 | (24) |
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1.1 Crimes Against Humanity and the Victimisation of the Individual |
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16 | (4) |
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1.2 Systematic Crimes `in the Name of a State Practising a Policy of Ideological Supremacy' |
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20 | (13) |
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1.2.1 Pushing Nuremberg's Nexus Requirement Too Far? |
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21 | (5) |
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1.2.2 Envisioning the International Criminal Law Understanding of Crimes Against Humanity? |
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26 | (1) |
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1.2.2.1 Anticipating the Systematicity Requirement |
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26 | (2) |
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1.2.2.2 Foreseeing the State Policy Requirement |
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28 | (5) |
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1.3 Perceiving the Knowledge Requirement |
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33 | (2) |
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2 Trying Paul Touvier and Maurice Papon: Twisting the Precedent |
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35 | (8) |
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43 | (6) |
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3.1 Equalising Victims, Confusing Crimes |
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43 | (1) |
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3.2 Making of Nuremberg a Law of Circumstances |
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44 | (5) |
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Part 2 Punishing Genocide: Too Much To Ask? |
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49 | (26) |
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4 The Direct Applicability of the Genocide Convention under French Law |
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51 | (3) |
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5 The Non-Applicability of Statutory Limitations to the Crime of Genocide |
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54 | (3) |
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6 The Applicability of Retroactive Criminal Norms |
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57 | (5) |
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7 The Contemporary Understanding of the Law of Genocide by the French Judiciary: Dualism in Disguise? |
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62 | (10) |
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8 Concluding Observations |
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72 | (3) |
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75 | (48) |
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9 Responding to the Incorrect Ill-Qualification of Vichy France in the Touvier and Papon cases |
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77 | (27) |
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9.1 The Laws of Vichy France: `An Impeccable Style for an Infinite Horror' |
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78 | (10) |
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9.2 The Criminal Acts of Vichy France: The Question of Genocidal Intent |
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88 | (8) |
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9.2.1 Killing Members of the Group |
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88 | (2) |
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9.2.2 Causing Serious Bodily or Mental Harm to Members of the Group |
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90 | (2) |
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9.2.3 Deliberately Inflicting on the Group Conditions of Life Calculated to Bring About its Physical Destruction in Whole or in Part |
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92 | (2) |
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9.2.4 Imposing Measures Intended to Prevent Births Within the Group |
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94 | (1) |
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9.2.5 Forcibly Transferring Children of the Group to Another Group |
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95 | (1) |
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9.3 The Criminality of Vichy France: Complicity in Genocide |
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96 | (8) |
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10 Responding to the Equalisation of Victims in the Barbie Case |
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104 | (8) |
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11 Genocide: A Crime Against the Family? |
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112 | (7) |
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11.1 The Legal Destruction of the Family |
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113 | (3) |
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11.2 The Physical Destruction of the Family |
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116 | (3) |
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119 | (4) |
| Bibliography |
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123 | (9) |
| Index |
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132 | |