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E-raamat: Genocide and Crimes Against Humanity: Misconceptions and Confusion in French Law and Practice [Hart e-raamatud]

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This book explores the ambiguities of the French law of genocide by exposing the inexplicable dichotomy between a progressive theory and a disinclined practice. Based on the observation that the crime of genocide has remained absent from French courtrooms to the benefit of crimes against humanity, this research dissects the reasons for this absence, reviewing and analyzing the potential legal obstacles to the judicial use of the law of genocide before contemplating the definitional impact of this judicial reluctance and the consequent confusion between the two crimes. In using the French law of genocide and related case law on crimes against humanity as its focal points, the book further adopts a more general standpoint, suggesting that the French misunderstandings of the crime of genocide might ultimately be symptomatic of a more widespread misconception of the crime of genocide as a crime perpetrated against 'a group.' This is a fascinating study for anyone interested in the crime of genocide and international criminal law. (Series: Studies in International and Comparative Criminal Law - Vol. 13)
Acknowledgements ix
Table of Abbreviations
xv
Table of Cases
xix
Table of Legislation
xxvii
Introduction 1(6)
Part 1 Crimes Against Humanity: From Nuremberg to Lyon...And Back Again
7(42)
1 Trying Klaus Barbie: Setting a Precedent?
11(24)
1.1 Crimes Against Humanity and the Victimisation of the Individual
16(4)
1.2 Systematic Crimes `in the Name of a State Practising a Policy of Ideological Supremacy'
20(13)
1.2.1 Pushing Nuremberg's Nexus Requirement Too Far?
21(5)
1.2.2 Envisioning the International Criminal Law Understanding of Crimes Against Humanity?
26(1)
1.2.2.1 Anticipating the Systematicity Requirement
26(2)
1.2.2.2 Foreseeing the State Policy Requirement
28(5)
1.3 Perceiving the Knowledge Requirement
33(2)
2 Trying Paul Touvier and Maurice Papon: Twisting the Precedent
35(8)
3 A Problematic Legacy
43(6)
3.1 Equalising Victims, Confusing Crimes
43(1)
3.2 Making of Nuremberg a Law of Circumstances
44(5)
Part 2 Punishing Genocide: Too Much To Ask?
49(26)
4 The Direct Applicability of the Genocide Convention under French Law
51(3)
5 The Non-Applicability of Statutory Limitations to the Crime of Genocide
54(3)
6 The Applicability of Retroactive Criminal Norms
57(5)
7 The Contemporary Understanding of the Law of Genocide by the French Judiciary: Dualism in Disguise?
62(10)
8 Concluding Observations
72(3)
Part 3 Why Genocide?
75(48)
9 Responding to the Incorrect Ill-Qualification of Vichy France in the Touvier and Papon cases
77(27)
9.1 The Laws of Vichy France: `An Impeccable Style for an Infinite Horror'
78(10)
9.2 The Criminal Acts of Vichy France: The Question of Genocidal Intent
88(8)
9.2.1 Killing Members of the Group
88(2)
9.2.2 Causing Serious Bodily or Mental Harm to Members of the Group
90(2)
9.2.3 Deliberately Inflicting on the Group Conditions of Life Calculated to Bring About its Physical Destruction in Whole or in Part
92(2)
9.2.4 Imposing Measures Intended to Prevent Births Within the Group
94(1)
9.2.5 Forcibly Transferring Children of the Group to Another Group
95(1)
9.3 The Criminality of Vichy France: Complicity in Genocide
96(8)
10 Responding to the Equalisation of Victims in the Barbie Case
104(8)
11 Genocide: A Crime Against the Family?
112(7)
11.1 The Legal Destruction of the Family
113(3)
11.2 The Physical Destruction of the Family
116(3)
12 Conclusion
119(4)
Bibliography 123(9)
Index 132
Caroline Fournet is Associate Professor and Rosalind Franklin Fellow at the Department of Criminal Law and Criminology at the University of Groningen .