“Ethnic Cleansing” and Genocidal Intent: A Failure of Judicial Interpretation?
نویسندگان
چکیده
منابع مشابه
Prevention of suicide: police powers, parliamentary intent and judicial interpretation.
While in most countries suicide is no longer a crime, it is also acknowledged that the state has an interest in the preservation of human life, the prevention of suicide, and the protection of vulnerable persons from harming themselves. In a civil, secular and democratic society, however, the public law principle of state protective powers has to be balanced against the private law principle of...
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Genocide has been the leading cause of preventable violent death in the 20th–21st century, taking even more lives than war. The term ‘ethnic cleansing’ is used as a euphemism for genocide despite it having no legal status. Like ‘Judenrein’ in Nazi Medicine, it expropriates pseudo-medical terminology to justify massacre. Use of the term dehumanizes the victims as sources of filth and disease, pr...
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We study the relationship between ambiguity (which comes into the picture since contracts have to be written in natural language), and contractual incompleteness. The contracting process is modelled as a signalling game between the parties and the judge, with the contract as the signal. The judge is assumed to be bound by the content of the contract (in as far as it can be ascertained unambiguo...
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ژورنال
عنوان ژورنال: Genocide Studies and Prevention
سال: 2010
ISSN: 1911-0359,1911-9933
DOI: 10.3138/gsp.5.1.39