The concept of cultural genocide : an international law perspective /
Details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. The volume traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation
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| Format: | Book |
| Language: | English |
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Oxford ; New York :
Oxford University Press,
2016.
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| Series: | Cultural heritage law and policy.
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| Subjects: | |
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Table of Contents:
- Cover; The Concept of Cultural Genocide; Copyright; Table of Contents; Table of Cases; Table of Instruments; List of Abbreviations; 1. Introduction; 1.1 The Concept of Cultural Genocide; 1.2 Cultural Genocide and Genocide; 1.3 Cultural Genocide as a Persistent International Legal Issue; 1.4 Approach and Methodology; 1.5 Structure; 2. The Concept of Cultural Genocide: A Historical-Legal Perspective; 2.1 Raphael Lemkin's Legacy; 2.2 Cultural Genocide Through the Diplomatic Filter; 2.2.1 The fate of the 'cultural genocide' provision in the draft genocide convention 2.2.2 The fate of the 'minority rights' provision in the draft Universal Declaration of Human Rights2.3 From Cultural Genocide to Ethnocide; 2.3.1 The resurgence of ethnocide in the socio-anthropological sphere; 2.3.2 The persistence of the cultural genocide question in the legal sphere; 2.4 Concluding Remarks; 3. The Cultural Dimension of the Crime of Genocide; 3.1 The Interpretive Dilemma of 'Group Destruction'; 3.1.1 One law, two interpretations; 3.1.2 The socio-legal foundations of conflicting interpretations 3.2 'Group Destruction' in Light of Methods and Principles of Interpretation in International Law3.2.1 The meaning of 'group destruction' in light of its context, object, and purpose; 3.2.2 The meaning of 'group destruction' in light of the drafters' intent; 3.2.3 The meaning of 'group destruction' in light of the context of interpretation; 3.3 Concluding Remarks; 4. International Law and the Protection of Cultures; 4.1 The Human Rights Approach; 4.1.1 The development of cultural rights; 4.1.2 The collectivization of cultural rights. 4.1.3 The emergence of human rights counterparts to cultural genocide4.2 The Cultural Heritage Approach; 4.2.1 The 'recalibration' of international cultural heritage law; 4.2.2 The partial criminalization of attacks against cultural heritage; 4.2.3 The emergence of human rights related to cultural heritage; 4.3 The Emergence of Synergies Between Cultural Rights, Cultural Heritage, and Genocide Prevention; 4.4 Concluding Remarks; 5. Beyond Words: From 'Cultural Genocide' to 'Cultural Persecution'; 5.1 The Development of the Crime against Humanity of Persecution. 5.1.1 Persecution as a crime against humanity5.1.2 Persecution as quasi-genocide; 5.2 Cultural Persecution as an International Crime; 5.2.1 The 'fundamental' character of cultural rights in question; 5.2.2 The autonomy of the crime of 'cultural persecution' in question; 5.3 Concluding Remarks; 6. State Responsibility for Cultural Crimes; 6.1 State Aggravated Responsibility for Cultural Crimes; 6.1.1 State responsibility for cultural persecution; 6.1.2 Cultural persecution as an aggravating factor of state responsibility; 6.2 State Responsibility for Failing to Prevent Genocide