Ethnic Cleansing

This book confronts the problem of the legal uncertainty surrounding the definition and classification of ethnic cleansing, investigating the status of ethnic cleansing in international law.

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Author: Clotilde Pegorier

Publisher: Taylor & Francis Group

ISBN: 113889222X

Category: Law

Page: 200

View: 348

This book confronts the problem of the legal uncertainty surrounding the definition and classification of ethnic cleansing, exploring whether the use of the term ethnic cleansing constitutes a valuable contribution to legal understanding and praxis. The premise underlying this book is that acts of ethnic cleansing are, first and foremost, a criminal issue and must therefore be precisely placed within the context of the international law order. In particular, it addresses the question of the specificity of the act and its relation to existing categories of international crime, exploring the relationship between ethnic cleansing and genocide, but also extending to war crimes and crimes against humanity. The book goes on to show how the current understanding of ethnic cleansing singularly fails to provide an efficient instrument for identification, and argues that the act, in having its own distinctive characteristics, conditions and exigencies, ought to be granted its own classification as a specific independent crime. Ethnic Cleansing: A Legal Qualification, will be of particular interest to students and scholars of International Law and Political Science.

Ethnic Cleansing

A Legal Qualification Clotilde Pegorier. Ethnic. Cleansing. This book confronts the problem of the legal uncertainty surrounding the definition and classification of ethnic cleansing, exploring whether the use of the term 'ethnic ...

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Author: Clotilde Pegorier

Publisher: Routledge

ISBN: 9781134067831

Category: Law

Page: 186

View: 100

This book confronts the problem of the legal uncertainty surrounding the definition and classification of ethnic cleansing, exploring whether the use of the term ethnic cleansing constitutes a valuable contribution to legal understanding and praxis. The premise underlying this book is that acts of ethnic cleansing are, first and foremost, a criminal issue and must therefore be precisely placed within the context of the international law order. In particular, it addresses the question of the specificity of the act and its relation to existing categories of international crime, exploring the relationship between ethnic cleansing and genocide, but also extending to war crimes and crimes against humanity. The book goes on to show how the current understanding of ethnic cleansing singularly fails to provide an efficient instrument for identification, and argues that the act, in having its own distinctive characteristics, conditions and exigencies, ought to be granted its own classification as a specific independent crime. Ethnic Cleansing: A Legal Qualification, will be of particular interest to students and scholars of International Law and Political Science.

Poland Soviet Union Russia

While the prevailing opinion was that ethnic cleansing was contrary to international law, it was unclear whether it ... former Yugoslavia developed the practice of qualifying ethnic cleansing as a crime of deportation or persecution, ...

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Author: Przemysław Adamczewski

Publisher: The Institute of Political Studies Polish Academy of Sciences

ISBN: 9788366819016

Category: Political Science

Page: 266

View: 577

This book contains an overview of many publications by employees of the Institute of Political Studies of the Polish Academy of Sciences in Warsaw in the field of Eastern studies. We have selected texts on the recent history of Eastern Europe, the Soviet Union and communist rule, as well as contemporary Russia and Polish-Russian relations. By making these available to English-speaking readers, on the one hand, we want to present a small part, due to limited space, of the Eastern studies conducted by the Institute and, on the other, pay tribute to their distinguished representative, Richard Pipes. In 2019, according to the last will of this historian, scholar and sovietologist, who died on 18 May 2018, the Institute received his book collection of over three and a half thousand items, mainly concerning Russia and the Soviet Union. These are works of high scientific rank that the scholar collected for over half a century. Acquiring the book collection was the first step towards establishing the Professor Richard Pipes Laboratory. This was possible thanks to funding obtained by the Institute at the end of 2019 from the Ministry of Science and Higher Education as part of the Dialogue programme.

Human Rights and International Criminal Law

Jobair Alam and Borhan Uddin Khan 1 Introduction Ethnic cleansing is a crime in international law, ... 1 See, e.g., Clotilde Pégorier, Ethnic Cleansing: A Legal Qualification (London: Routledge, 2013); Donald Bloxham & A. Dirk Moses ...

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Author: Borhan Uddin Khan

Publisher: BRILL

ISBN: 9789004447462

Category: Law

Page: 466

View: 929

The book considers human rights approaches to crimes from a theoretical and practical perspective, analyses various crimes under international law, and examines the application, implementation and enforcement of international criminal law.

Ethnic Cleansing During the Cold War

Ethnic Cleansing: A Legal Qualification. Abingdon: Routledge. Pendas, Devin O. 2006. The Frankfurt Auschwitz Trial, 1963–1965: Genocide, History, and the Limits of the Law. Cambridge: Cambridge University Press. Pentzopoulos, Dimitri.

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Author: Tomasz Kamusella

Publisher: Routledge

ISBN: 9781351062688

Category: History

Page: 274

View: 677

In mid-1989, the Bulgarian communist regime seeking to prop up its legitimacy played the ethnonational card by expelling 360,000 Turks and Muslims across the Iron Curtain to neighboring Turkey. It was the single largest ethnic cleansing during the Cold War in Europe after the wrapping up of the postwar expulsions (‘population transfers’) of ethnic Germans from Central Europe in the latter half of the 1940s. Furthermore, this expulsion of Turks and Muslims from Bulgaria was the sole unilateral act of ethnic cleansing that breached the Iron Curtain. The 1989 ethnic cleansing was followed by an unprecedented return of almost half of the expellees, after the collapse of the Bulgarian communist regime. The return, which partially reversed the effects of this ethnic cleansing, was the first-ever of its kind in history. Despite the unprecedented character of this 1989 expulsion and the subsequent return, not a single research article, let alone a monograph, has been devoted to these momentous developments yet. However, the tragic events shape today’s Bulgaria, while the persisting attempts to suppress the remembrance of the 1989 expulsion continue sharply dividing the country’s inhabitants. Without remembering about this ethnic cleansing it is impossible to explain the fall of the communist system in Bulgaria and the origins of ethnic cleansing during the Yugoslav wars. Faltering Yugoslavia’s future ethnic cleansers took a good note that neither Moscow nor Washington intervened in neighboring Bulgaria to stop the 1989 expulsion, which in light of international law was then still the legal instrument of ‘population transfer.’ The as yet unhealed wound of the 1989 ethnic cleansing negatively affects the Bulgaria’s relations with Turkey and the European Union. It seems that the only way out of this debilitating conundrum is establishing a truth and reconciliation commission that at long last would ensure transitional justice for all Bulgarians irrespective of language, religion or ethnicity.

Serious International Crimes Human Rights and Forced Migration

70 Clotilde Pegorier, Ethnic Cleansing: A Legal Qualification (London: Routledge, 2013), pp. 135–136; John Hagan and Todd Haugh, “Ethnic Cleansing as Euphemism, Metaphor, Criminology, and Law,” in Forging a Convention for Crimes against ...

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Author: James C. Simeon

Publisher: Routledge

ISBN: 9781000539363

Category: Law

Page: 412

View: 235

This volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.

Aftermath of the Holocaust and Genocides

Redrawing Nations: Ethnic Cleansing in EastCentral Europe, 1944-1948 (Lanham MD: Rowman & Littlefield, 2001). ... 18 19 Clotilde Pegorier, Ethnic Cleansing: A Legal Qualification (London: Routledge, 270 Chapter Thirteen.

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Author: Victoria Khiterer

Publisher: Cambridge Scholars Publishing

ISBN: 9781527549111

Category: Political Science

Page: 292

View: 886

While many works have been published on different aspects of the Holocaust and genocides, their aftermath and impact on society still require further research and discussion in scholarly literature. This book illuminates unknown aspects of the aftermath of the Holocaust and genocides, and discusses trials of Holocaust and genocide perpetrators, commemoration of the victims, attempts to revive Jewish national life, and outbreaks of post-World War II anti-Semitism. It also analyzes the representation of the Holocaust and genocides in literature, press and film. The volume includes thirteen articles, which are based on recently discovered archival materials, and provides new approaches to the research of the Armenian genocide, the Holodomor, ethnic cleansing and the Holocaust.

Women and Transitional Justice

... element to 'ethnic cleansing' did not, however, provide an immediate framework for prosecution through international criminal justice mechanisms, on account of the practice not yet having been precisely defined or legally qualified ...

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Author: Lisa Yarwood

Publisher: Routledge

ISBN: 9781135132811

Category: Law

Page: 234

View: 338

This book discusses the evolving principle of transitional justice in public international law and international relations from the female perspective at a time when the concept is increasingly recognised by the international community as an effective framework in which to negotiate and manage a community’s post-conflict transition to peace and stability. The book adopts a gender lens with a particular focus on women’s direct experiences and perceptions either as intended beneficiaries of transitional justice (TJ), protagonists in that process or as practitioners, in order to present a unique view in relation to the development of TJ. The range of experiences and knowledge in this collection provides a fresh and unique perspective through its blend of theory and practice. This book will be of particular interest to students and scholars of law, political science and gender studies.

International Justice in the United Nations General Assembly

107 Schabas (n 82), 199; Clotilde Pegorier, Ethnic Cleansing: A Legal Qualification (Routledge 2013). 108 UNGA Res 47/121 (1992) (emphasis added). Still, Assembly resolutions did not consistently label ethnic cleansing as genocide in ...

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Author: Ramsden, Michael

Publisher: Edward Elgar Publishing

ISBN: 9781788119382

Category: Law

Page: 256

View: 579

International Justice in the United Nations General Assembly probes the role that the UN’s plenary body has played in developing international criminal law and addressing country-specific impunity gaps. It covers the General Assembly’s norm-making capabilities, its judicial and investigatory functions, and the legal effect of its recommendations. With talk of a ‘new Cold War’ and growing levels of plenary activism in the face of Security Council deadlock, this book will make for timely and essential reading for all in the field of international criminal justice.

Patterns of Treaty Interpretation as Anti Fragmentation Tools

Conflict of norms in public international law: How WTO law relates to other rules of international law (Vol. 29). ... The concept of international law in the jurisprudence of HLA Hart. ... Ethnic cleansing: A legal qualification.

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Author: Liliana E. Popa

Publisher: Springer

ISBN: 9783319654881

Category: Law

Page: 390

View: 269

This book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.