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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.
This book investigates the dual role of law as both a facilitator of state-sponsored mass violence and a necessary instrument for post-conflict accountability and reconstruction. Jennifer Balint, a scholar in criminology and socio-legal studies, examines how legal frameworks are manipulated to legitimize atrocities committed in the name of the state. She argues that these acts must be reclassified as crimes against humanity with specific institutional dimensions, requiring a shift in how international and domestic legal systems approach redress and restoration.
What You Will Find
Scholars and legal practitioners recognize this work as a significant contribution to the intersection of international law and genocide studies. Readers frequently note the academic density of the prose and the rigorous, systematic approach the author takes in analyzing the institutional failures of legal systems during periods of mass harm.
Page Count:
0
Publication Date:
2011-01-01
Publisher:
Taylor & Francis Group
ISBN-10:
0203806271
ISBN-13:
9780203806272
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