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The Concept of Race in International Criminal Law (Paperback)
Loot Price: R1,247
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The Concept of Race in International Criminal Law (Paperback)
Series: International and Comparative Criminal Justice
Expected to ship within 12 - 17 working days
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Members of racial groups are protected under international law
against genocide, persecution, and apartheid. But what is race -
and why was this contentious term not discussed when drafting the
Statute of the International Criminal Court? Although the law uses
this term, is it legitimate to talk about race today, let alone
convict anyone for committing a crime against a racial group? This
book is the first comprehensive study of the concept of race in
international criminal law. It explores the theoretical
underpinnings for the crimes of genocide, apartheid, and
persecution, and analyses all the relevant legal instruments, case
law, and scholarship. It exposes how the international criminal
tribunals have largely circumvented the topic of race, and how
incoherent jurisprudence has resulted in inconsistent protection.
The book provides important new interpretations of a problematic
concept by subjecting it to a multifaceted and interdisciplinary
analysis. The study argues that race in international criminal law
should be constructed according to the perpetrator's perception of
the victims' ostensible racial otherness. The perpetrator's
imagination as manifested through his behaviour defines the
victims' racial group membership. It will be of interest to
students and practitioners of international criminal law, as well
as those studying genocide, apartheid, and race in domestic and
international law.
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