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Genocide, State Crime and the Law critically explores the use and
role of law in the perpetration, redress and prevention of mass
harm by the state. In this broad ranging book, Jennifer Balint
charts the place of law in the perpetration of genocide and other
crimes of the state together with its role in redress and in the
process of reconstruction and reconciliation, considering law in
its social and political context. The book argues for a new
approach to these crimes perpetrated 'in the name of the state' -
that we understand them as crimes against humanity with particular
institutional dimensions that law must address to be effective in
accountability and as a basis for restoration. Focusing on seven
instances of state crime - the genocide of the Armenians by the
Ottoman state, the Holocaust and Nazi Germany, Cambodia under the
Khmer Rouge, apartheid South Africa, Ethiopia under Mengistu and
the Dergue, the genocide in Rwanda, and the conflict in the former
Yugoslavia - and drawing on others, the book shows how law is
companion and collaborator in these acts of nation-building by the
state, and the limits and potentials of law's constitutive role in
post-conflict reconstruction. It considers how law can be a partner
in destruction yet also provide a space for justice. An important,
and indeed vital, contribution to the growing interest and
literature in the area of genocide and post-conflict studies,
Genocide, State Crime and the Law will be of considerable value to
those concerned with law's ability to be a force for good in the
wake of harm and atrocity.
Genocide, State Crime and the Law critically explores the use and
role of law in the perpetration, redress and prevention of mass
harm by the state. In this broad ranging book, Jennifer Balint
charts the place of law in the perpetration of genocide and other
crimes of the state together with its role in redress and in the
process of reconstruction and reconciliation, considering law in
its social and political context. The book argues for a new
approach to these crimes perpetrated 'in the name of the state' -
that we understand them as crimes against humanity with particular
institutional dimensions that law must address to be effective in
accountability and as a basis for restoration. Focusing on seven
instances of state crime - the genocide of the Armenians by the
Ottoman state, the Holocaust and Nazi Germany, Cambodia under the
Khmer Rouge, apartheid South Africa, Ethiopia under Mengistu and
the Dergue, the genocide in Rwanda, and the conflict in the former
Yugoslavia - and drawing on others, the book shows how law is
companion and collaborator in these acts of nation-building by the
state, and the limits and potentials of law's constitutive role in
post-conflict reconstruction. It considers how law can be a partner
in destruction yet also provide a space for justice. An important,
and indeed vital, contribution to the growing interest and
literature in the area of genocide and post-conflict studies,
Genocide, State Crime and the Law will be of considerable value to
those concerned with law's ability to be a force for good in the
wake of harm and atrocity.
Four of the Chief Investigators from the Minutes of Evidence
project-which combines research, education, performance, and public
engagement to spark new ways of understanding structural
inequalities in settler societies like Australia-closely consider
the law's complex relation to the structural injustices of
colonialism. This interdisciplinary book brings together the
insights and approaches of history, criminology, socio-legal
studies, and law to present a range of case studies of the
encounter between law and colonialism. Through historical and
contemporary case studies, it emphasizes the nature of colonialism
as a structural injustice that becomes entrenched in the social,
political, legal, and discursive structures of societies and
continues to affect people's lives in the present. It charts the
role of law in both enabling and sustaining colonial injustice and
in recognizing and redressing it. Despite the enduring legacies and
harms of colonialism, Keeping Hold of Justice contends that
possibilities for structural justice can be found thorough
collaborative methodologies and practices that actively bring
together different disciplines, peoples, temporalities, laws, and
ways of knowing into dynamic relation. They reveal law not only as
a source of colonial harm but also as a potential means of keeping
hold of justice.
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