
Contents
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Genocide and Crimes against Humanity Genocide and Crimes against Humanity
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The 1948 Genocide Convention The 1948 Genocide Convention
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Genocide and Customary International Law Genocide and Customary International Law
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Protected Groups Protected Groups
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Ethnic Cleansing and Cultural Genocide Ethnic Cleansing and Cultural Genocide
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Numbers and Genocide Numbers and Genocide
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Genocidal Intent Genocidal Intent
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State Responsibility State Responsibility
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Concluding remarks Concluding remarks
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Select Bibliography Select Bibliography
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6 The Law and Genocide
Get accessWilliam Schabas is Professor of International Law at Middlesex University, London, Professor of International Criminal Law and Human Rights at Leiden University and Professor (emeritus) of Human Rights Law at the National University of Ireland Galway.
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Published:18 September 2012
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Abstract
This article discusses genocide as a legal concept. The crime of genocide has been incorporated within the national legal systems of many countries, where national legislators have imposed their own views on the term, some of them varying slightly or even considerably from the established international definition. The term itself was invented by a lawyer, Raphael Lemkin. He intended to fill a gap in international law, as it then stood in the final days of the Second World War. Over the years, the limited definition of genocide in the 1948 Genocide Convention has provoked much criticism and many proposals for reform. But by the 1990s, when international criminal law went through a period of stunning developments, it was the atrophied concept of crimes against humanity that emerged as the best legal tool to address atrocities.
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