The Darfur Report and Genocidal Intent

Kreß, Claus

doi:10.1093/jicj/mqi054

Cited by 20 publications

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“…Claus Kress has also provided a methodical legal analysis of genocide claims in the Journal of International Criminal Justice. 68 Physicians for Human Rights (PHR) declared in June 2004 that a 'genocidal process is unfolding in Darfur, Sudan'. 69 This statement was adopted after a careful dissection of Darfur's violence against a series of six indicators of genocide, 'all of which indicate organized intent to effect group annihilation'.…”

Section: Determining Genocide -Dealing With Darfur Seeing Rwandamentioning

confidence: 99%

Dissecting Darfur: Anatomy of a Genocide Debate

Brunk¹

2008

International Relations

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The current humanitarian and human rights crisis in Darfur, Sudan, has been labelled by many foreign observers as `genocide'. How and why this determination has been made, however, may have less to do with the actual character of Darfur's conflict, and more to do with its association in the international community with the Rwanda genocide of 1994. This article will examine how the tenth anniversary of the Rwanda genocide influenced the international community's awareness and perception of the Darfur crisis. It will examine the extent to which the meanings and memory of Rwanda may have influenced policy debate about the Darfur crisis, and the determination of genocide there.

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Section: Determining Genocide -Dealing With Darfur Seeing Rwandamentioning

confidence: 99%

Dissecting Darfur: Anatomy of a Genocide Debate

Brunk¹

2008

International Relations

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“…There, the Trial Chamber held that, 'special intent of a crime is the specific intention, required as a constitutive element of the crime, which demands that the perpetrator clearly seeks to produce the act charged'. This interpretation, which may be termed a 36 purpose-based interpretation, 42 has been adopted in subsequent ICTR rulings and in the ICTY appellate judgment in Krstic¤ . 43 However, the purpose-based interpretation has been challenged.…”

Section: Genocidal Intentmentioning

confidence: 99%

“…47 Recently, Kress has suggested that the International Criminal Court (ICC) judges adopt the knowledge-based approach, proposing they take a fresh look at the matter and ignore the purpose-based interpretation of the ad hoc Tribunals. 48 Kress argues that the latter should be regarded as not having been settled by the case law of the ICTY and the ICTR. 49 This seems to be a bold statement.…”

Section: Genocidal Intentmentioning

confidence: 99%

Joint Criminal Enterprise as a Pathway to Convicting Individuals for Genocide

Sliedregt¹

2005

Journal of International Criminal Justice

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This article discusses one of the most controversial yet important modes of liability in international criminal law: joint criminal enterprise (JCE). One such controversy is whether Third Category JCE can serve as a basis for genocide convictions.To answer this question one needs to uncover the nature and origins of JCE. It is submitted that convictions for genocide based upon the application of Third Category JCE are justifiable. This contention stems from the premise that JCE is a form of criminal participation to which principles of derivative liability apply. However, such an approach is only valid when JCE is stripped to its core and applied as a small-scale group crime, which requires proof of a direct link between co-perpetrators. Moreover, in the case of Third Category JCE, a participant should be convicted of participating in genocide, which would carry a lower sentence than committing genocide as a participant in a First or Second Category JCE.

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“…A contributing factor to all this is the poor, generally late, and in an overall manner ineffective international response to the Darfur saga, which has been well documented elsewhere (see for example, Yihdego 2009; Islam 2006). As the authors quite rightly remark, leaving aside the precise parameters of ‘genocidal intent’ (Loewenstein and Kostas 2007; Kress 2005), there is in the case of Darfur sufficient circumstantial evidence which points to such intent. The internal displacement camps set up by the Sudanese government would also appear to be playing an important role in the context of such intent.…”

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confidence: 99%

Darfur and the European Court of Human Rights

Gaetano¹

2011

British Journal of Sociology

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The Darfur Report and Genocidal Intent

Cited by 20 publications

References 0 publications

Dissecting Darfur: Anatomy of a Genocide Debate

Dissecting Darfur: Anatomy of a Genocide Debate

Joint Criminal Enterprise as a Pathway to Convicting Individuals for Genocide

Darfur and the European Court of Human Rights

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