Genocide and crimes against humanity misconceptions and confusion in French law and practice Caroline Fournet.

Format:

Book

Author/Creator:

Fournet, Caroline, author.

Series:

Studies in international and comparative criminal law ; v. 13.

Studies in international and comparative criminal law v. 13

Language:

English

Subjects (All):

Genocide--France.

Genocide.

Crimes against humanity--France.

Crimes against humanity.

War crimes--France.

War crimes.

Trials (Genocide)--France.

Trials (Genocide).

Trials (Crimes against humanity)--France.

Trials (Crimes against humanity).

War crime trials--France.

War crime trials.

Physical Description:

1 online resource (168 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, Oregon Hart Publishing 2013.

Language Note:

English

Summary:

This book explores the ambiguities of the French law of genocide by exposing the inexplicable dichotomy between a progressive theory and an overly conservative practice. Based on the observation that the crime of genocide has remained absent from French courtrooms to the benefit of crimes against humanity, this research dissects the reasons for this absence, reviewing and analysing the potential legal obstacles to the judicial use of the law of genocide before contemplating the definitional impact of this judicial reluctance and the consequent confusion between the two crimes. Whilst it uses the French law of genocide and related case law on crimes against humanity as its focal points, the book further adopts a more general standpoint, suggesting that the French misunderstandings of the crime of genocide might ultimately be symptomatic of a more widespread misconception of the crime of genocide as a crime perpetrated against 'a group'

Contents:

Introduction

Trying Klaus Barbie : setting a precedent?

Trying Paul Touvier and Maurice Papon : twisting the precedent

A problematic legacy

The direct applicability of the Genocide Convention under French law

The non-applicability of statutory limitations to the crime of genocide

The applicability of retroactive criminal norms

The contemporary understanding of the law of genocide by the French judiciary : dualism in disguise?

Responding to the incorrect ill-qualifications of Vichy France in the Touvier and Papon cases

Responding to the equalisation of victims in the Barbie case

Genocide : a crime against the family?

Conclusion

Part 1 Crimes Against Humanity: From Nuremberg to Lyon . . . And Back Again

1 Trying Klaus Barbie: Setting a Precedent?

1.1 Crimes Against Humanity and the Victimisation of the Individual

1.2 Systematic Crimes 'in the Name of a State Practising a Policy of Ideological Supremacy'

1.3 Perceiving the Knowledge Requirement

2 Trying Paul Touvier and Maurice Papon: Twisting the Precedent

3 A Problematic Legacy

3.1 Equalising Victims, Confusing Crimes

3.2 Making of Nuremberg a Law of Circumstances

Part 2 Punishing Genocide: Too Much To Ask?

4 The Direct Applicability of the Genocide Convention under French Law

5 The Non-Applicability of Statutory Limitations to the Crime of Genocide

6 The Applicability of Retroactive Criminal Norms

7 The Contemporary Understanding of the Law of Genocide by the French Judiciary: Dualism in Disguise?

8 Concluding Observations

Part 3 Why Genocide?

9 Responding to the Incorrect Ill-Qualification of Vichy France in the Touvier and Papon cases

9.1 The Laws of Vichy France: 'An Impeccable Style for an Infinite Horror'

9.2 The Criminal Acts of Vichy France: The Question of Genocidal Intent

9.3 The Criminality of Vichy France: Complicity in Genocide

10 Responding to the Equalisation of Victims in the Barbie Case

11 Genocide: A Crime Against the Family?

11.1 The Legal Destruction of the Family

11.2 The Physical Destruction of the Family

12 Conclusion

Notes:

Description based upon print version of record.

Includes bibliographical references (pages 123-131) and index

ISBN:

9781472566362

147256636X

9781782250692

1782250697

OCLC:

1138549010