In 1948 the Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the General Assembly of the United Nations. Thereby Genocide was defined as an international crime. Sixty years after its adoption, the prosecution of the crime of genocide still raises multiple questions. Although genocide was not a crime during the Nuremberg Trial its historic roots rest with the persecution of Jews and other minorities by Nazi-Germany. Because of this historic focus the legal definition of genocide is difficult to apply to other conflicts. Bringing together scholars and practitioners, this volume of essays examines the Genocide Convention from historic, legal and social science perspectives. Contemporary witnesses also report on their experiences of the Nuremberg, the Eichmann and the Auschwitz Trials.

Christoph Safferling is Professor of Criminal and International Law at the Philipps-University of Marburg, Germany, and Director of the international Research and Documentation Center for War Crimes Trials (ICWC). Eckart Conze is Professor of Modern and Contemporary History at the University of Marburg and Deputy Director of the ICWC.

Foreword	p. v
Acknowledgements	p. ix
Summary of Contents	p. xi
Abbreviations	p. xix
Introduction
The Genocide Convention Sixty Years After its Adoption	p. 3
Legal remarks	p. 5
Historical remarks	p. 7
The legal and historical reflections	p. 9
Historical development and public policy considerations	p. 9
Legal issues	p. 12
Case studies	p. 13
Genocide and the International Court of Justice	p. 14
Historic cases: contemporary witnesses	p. 14
Future prospects	p. 15
Historical Development
Genocide in International Law and International Relations Prior to 1948	p. 19
Human rights, the United Nations and the drive for war crimes prosecutions	p. 22
Crimes against humanity and the drafting of the 1948 Genocide Convention	p. 24
Closing the impunity gap	p. 30
Conclusions	p. 32
'Genocide' at Nuremberg, 1945-1946	p. 35
Lemkin in Washington, spring 1945	p. 36
Lemkin in London, late summer 1945	p. 41
'Genocide' in the Nuremberg Indictment, October 1945	p. 44
'Genocide' during the Nuremberg trial, November 1945-September 1946	p. 47
Conclusion	p. 53
The United Nations and the Origins of the Genocide Convention 1946-1948	p. 55
Chronological outline	p. 56
Basic questions	p. 57
Great Power interests and the negotiations for the Genocide Convention	p. 58
Conclusion	p. 66
Strtategies for 'Genocide Trials' after World War II - How the Allied Powers Dealt with the Phenomenon of Genocide in Occupied Germany	p. 69
Preliminary remarks: defining humanity	p. 69
European experiences with mass violence	p. 70
The path to Nuremberg	p. 71
Institutionalisation efforts	p. 74
The United Nations War Crimes Commission	p. 75
National jurisdictions after World War II	p. 77
Military courts	p. 77
Non-military courts under Control Council Law No. 10	p. 78
The principle of non-interference in domestic affairs	p. 79
Punishing crimes committed before the war	p. 79
The Holocaust and the Genocide Convention of 1948	p. 83
Holocaust/Shoah and the legal term Genocide	p. 84
Anti-semitism	p. 85
1938-the World Community and the Evian Conference	p. 87
The conference begins	p. 89
Conference failure and the consequences	p. 92
Public Policy Considerations
Genocide Prevention and the Dynamics of Conflict	p. 99
Groups and intergroup processes	p. 99
Intergroup violence	p. 101
Prevention and treatment of violence and genocide	p. 104
War Crimes, Genocide Trials and Vergangenheitspolitik - the German Case	p. 109
Germany and international law after 1945: A case of 'post-Nuremberg reflex'?	p. 109
'Nuremberg' and its effects on German perceptions of genocide trials	p. 113
'Coming to terms with the past' by means of criminal law?	p. 120
Conclusion	p. 123
Genocide and the Genocide Convention in Israel	p. 125
Interpretation of the Crime of Genocide
The Policy Element in Genocide: When is it Required by International Rules?	p. 133
The Two Notions of Genocide: Distinguishing Macro Phenomena and Individual Misconduct	p. 141
The'social'concept of genocide	p. 141
The'legal'concept of genocide	p. 143
The'systemic'nature of genocide	p. 145
Individual misconduct	p. 148
Proving genocide	p. 149
Conclusion	p. 152
Different Forms of Participation in Genocide	p. 153
Legal basis for complicity in international criminal law	p. 153
Differentiation of the different forms of participation	p. 155
Derivation of a limitation of participation from the criterion of intention in genocide	p. 159
Result	p. 161
The Special Intent Requirement in the Crime of Genocide	p. 163
The basic structure and aim of the crime of genocide	p. 165
Basic structure	p. 165
Aim of the norm	p. 167
Subjective requirements	p. 168
Ordinary intent	p. 169
Special intent	p. 170
Applicability of Article 30 ICCSt	p. 170
Interpretation of the special intent	p. 171
Knowledge-based interpretation	p. 171
Will-based interpretation	p. 173
Individual requirements	p. 174
Destroy	p. 174
In whole or in part	p. 176
The proof of special intent	p. 177
Summary and future prospects	p. 179
Case Studies
The Challenges of Genocide Trials: 'The Cambodian Situation'	p. 183
The structure of the Extraordinary Chambers	p. 184
Challenges faced by the Extraordinary Chambers	p. 185
Political challenges	p. 185
Legal and procedural challenges	p. 187
Evidentiary challenges	p. 190
Practical challenges	p. 191
Challenges confronted by Cambodian Society	p. 191
Conclusion	p. 193
The International Criminal Court and the Crime of Genocide	p. 195
Introduction	p. 195
The crime of genocide as defined in the ICC's legal framework	p. 197
The concept of genocide - from Lemkin to Article 6 of the Rome Statute	p. 197
The concept of genocide as specified in the Elements of Crimes	p. 199
The Crime of Genocide as applied in the ICC's recent practice	p. 201
Procedural and historical background	p. 201
The majority's decision not to include the charges of genocide in the warrant of arrest	p. 202
The contextual element	p. 203
The specific elements	p. 204
Existence of a protected group	p. 204
The specific intent requirement	p. 204
Judge U¿acka's 'Separate and Partly Dissenting Opinion'	p. 206
The Prosecutor's application for leave to appeal pursuant to Article 82(1)(d) of the Statute	p. 207
Conclusion	p. 209
The Crime of Genocide Applied in Practice - Selected Aspects of the Jurisprudence of the ad hoc Tribunals' Appeals Chambers	p. 213
Introduction	p. 213
The protected group	p. 215
The destruction of the group	p. 222
'In whole or in part … as such'	p. 225
Proving genocidal intent	p. 232
Conclusion	p. 233
International Genocide Trials: Three Case Studies	p. 235
Introduction	p. 235
Ntakirutimana	p. 235
Zigiranyirazo	p. 238
Bikindi	p. 240
Conclusion	p. 242
Genocide and the International Court of Justice
The ICJ Judgment in the Bosnian Genocide case and Beyond: A Need to Reconceptualise?	p. 245
Introduction	p. 245
History of proceedings	p. 246
Subject-matter jurisdiction of the ICJ in genocide cases	p. 247
The scope of primary obligations under the Genocide Convention	p. 248
The applicability of the concept of state responsibility	p. 250
The Court's criminal law analysis	p. 251
The Court's line of reasoning	p. 251
The need to reconceptualise	p. 253
The missing piece	p. 254
Conclusion and suggestions for the future conceptualisation	p. 257
Genocide and the International Court of Justice	p. 259
Introduction	p. 259
On the duty to prevent genocide	p. 261
Distinguishing between a failure to prevent genocide and complicity in its commission	p. 263
The 'reinforcing' effect of provisional measures orders on Serbia's obligations	p. 264
Can a state commit genocide?	p. 264
Attribution of responsibility for genocide	p. 265
What is an 'organ of state'?	p. 268
Attribution to a state of genocide committed by persons who are not state organs	p. 269
Reparation	p. 270
Conclusion	p. 271
Historic Cases
The Trial of Adolf Eichmann and Other Genocide Trials	p. 275
The Auschwitz Trial at the Landgericht Frankfurt and its Importance for the Prohibition of Genocide	p. 287
The Nuremberg Trial 1945-1946	p. 299
List of Contributors	p. 305
Index	p. 309
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