The Genocide Convention

The Legacy of 60 Years

Genocide is widely acknowledged as ‘the crime of crimes’. Such universal condemnation understandably triggers both loose talk (calling each and every massacre ‘genocide’) and utter reluctance in political circles to use the ‘G-word’. The social construction of genocide reflects the deeper question whether the rigid legal concept of genocide – as it emerges in the Genocide Convention and has been maintained ever since – still corresponds with the historical and social perception of the phenomenon. This book is the product of an intellectual encounter between scholars of historical and legal disciplines which have joined forces to address this question. The authors are strongly inspired by the idea that the multi-disciplinary research of and education on genocide may contribute to a more appropriate reaction and prevention of genocide.

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Harmen G. van der Wilt, Ph.D.(1993) in International Law, is Professor of International Criminal Law at the University of Amsterdam. He has published extensively on extradition, international criminal tribunals and European criminal law.

Jeroen Vervliet studied history and law at the University of Amsterdam and is currently Director of the Peace Palace Library in The Hague.

Göran Sluiter is Professor in the Law of International Criminal Procedure at the University of Amsterdam and lawyer at Böhler Advocaten, Amsterdam.

Johannes Houwink ten Cate, Ph.D. (1995) in history,Utrecht University, is Professor of Holocaust and Genocide Studies at the University of Amsterdam. He has published extensively on the persecution of the Jews in the occupied Dutch territories.

Foreword Johannes Houwink ten Cate and Harmen van der Wilt;
Raphael Lemkin (1900-1959) and the Genocide Convention of 1948. Brief Biographical and Bibliographical Notes Jeroen Vervliet;
About the Authors; Keynote Addresses;
1. Genocide and Crimes against Humanity: Clarifying the Relationship William Schabas;
2. The Drafting and Development of the 1948 Convention on Genocide and the Politics of International Law Matthew Lippman;
3. Understanding the Milošević Case: Legacy of an Unfinished Trial Nena Tromp;
Procedure and Substance
4. Between Hate Speech and Mass Murder: How to Recognize Incitement to Genocide Harmen van der Wilt;
5. The Meaning of the Word “Destroy” and its Implications for the Wider Understanding of the Concept of Genocide Larissa van den Herik;
6. Criminologically Explained Reality of Genocide, Structure of the Offence and the ‘Intent to Destroy’ Requirement Kai Ambos;
7. Defending the ‘Undefendable’? Taking Judicial Notice of Genocide Göran Sluiter and Koen Vriend;
8. Compensating Victims of Genocide Liesbeth Zegveld;
9. Why Compensation is a Mixed Blessing Selma Leydesdorff;
10. Some Measure of Justice. The Holocaust Era Restitution Campaign of the 1990s Michael Marrus;
11. On the Outlawing of Genocide Denial Johannes Houwink ten Cate;
12. Les Fleurs du Mal, The Need to Confront Holocaust Distortion Hagen Fleischer;
13. The United States and the Genocide Convention: The Sovereignty Package in Perspective Lawrence LeBlanc;
14. The Soviet Perspective on the Drafting of the UN Genocide Convention Anton Weiss-Wendt;
15. Truths, Memories and Histories in the Archives of the International Criminal Tribunal for the Former Yugoslavia Eric Ketelaar;
16. Truths, Memories and Historians in the Archives of the International Criminal Tribunal for the Former Yugoslavia Robert Donia;
17. Sixty Years UN Genocide Convention – New Challenges for Genocide Education Martin Mennecke;
18. Genocide and Education Dirk Mulder;
If the Whole Body Dies: Raphael Lemkin and the Treaty Against Genocide Robert Skloot.
Historians, sociologists, scholars in international relations, international lawyers, criminal lawyers. In short: all those interested in the political, legal and historical aspects of genocide.