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Genocide and Political Groups$
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David L. Nersessian

Print publication date: 2010

Print ISBN-13: 9780199588909

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199588909.001.0001

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The Case for a Crime of Political Genocide

The Case for a Crime of Political Genocide

(p.182) 7 The Case for a Crime of Political Genocide
Genocide and Political Groups

Dr. David Nersessian

Oxford University Press

This chapter discusses why political genocide should be proscribed as a separate international crime. It evaluates political genocide in light of the underlying theoretical justifications for international criminal regulation as well as the overall goals of the international criminal justice system. In particular, it discusses the characteristics of international crimes as events that both threaten international peace and security and shock the collective conscience of humanity. It also details the underlying justifications for international criminal regulation (deterrence, retribution, expression, and restoration) and demonstrates that criminal prosecution is an essential remedy for the human rights violations arising out of political genocide. Ultimately, it concludes that the international community should create a separate offence of political genocide to squarely address this conduct.

Keywords:   political groups, genocide, political genocide, retribution, deterrence, expression, restorative justice, international criminal law, international crimes, international criminal court

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