Abstract
AbstractA survey of the case law of the ICTY and ICTR reveals inconsistencies and conceptual discrepancies in the approach to genocide cases, in particular with respect to the cornerstones of such cases – the identification of the protected group and its members – resulting in different levels of protection against genocide. A review model might help to address these issues, which are, arguably, preconditions of the legitimacy of these courts and of the effective enforcement of the prohibition of genocide. Given the close relationship between genocide and discrimination, this review model might be built on the ‘building blocks’ of discrimination law. The purpose of this contribution is twofold: (1) by unfolding the relationship between direct discrimination and genocide to devise a model of review, and (2) to analyse the consequences of the consistent application of this model for the identification of the protected groups and their members.
Publisher
Cambridge University Press (CUP)
Subject
Law,Political Science and International Relations
Reference14 articles.
1. The Definitions of International Crimes in the Al Bashir Arrest Warrant Decision
2. 'Only One Step Away From Genocide': The Crime of Persecution in International Criminal Law
3. The Law of Persecution Before the International Criminal Tribunal for the Former Yugoslavia
4. Was Genocide Committed in Bosnia and Herzegovina? First Judgments of the International Criminal Tribunal for the Former Yugoslavia;Schabas;FILJ,2001
5. Genocide Law in a Time of Transition: Recent Developments in the Law of Genocide;Schabas;Rutgers Law Review,2008
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