Classifying Genocide in International Law: The Substantiality Requirement

Cover
Half Title
Title
Copyright
Contents
Table of Cases
Acknowledgements
Abbreviations
1 An Introduction to the Problem of the Identification and Justification of ‘Substantiality’ in Genocide Law
	1.1 Conceptual Problems Behind Drawing the Legal Boundaries of Genocide and the Substantiality Requirement
	1.2 Approach and Objectives of the Book
	1.3 Practical Significance of the Substantiality Requirement
	1.4 Argument and Structure of the Book
2 Emergence of the Substantiality Requirement as a De Facto Norm and Its Judicial Application
	2.1 Emergence of the Substantiality Requirement as a De Facto Norm and the Question of Application
	2.2 Searching for a Settled Meaning: Contradicting Understandings of ‘Substantiality’ Through the Lenses of Distinct Conceptual Commitments
	2.3 Lack of a Conceptual Rigour: An Ambiguous Conceptualisation of Genocide in Case Law
	2.4 Judicial Approaches to the Determination and Justification Problem of ‘Substantiality’: Using the Requirement as a Backdoor
	2.5 Summary and Concluding Remarks
3 The Substantiality Requirement in the Legal Literature: Uncovering Binary and Substantialist Thinking
	3.1 Individualistic Conceptions of the Protected Groups and the Substantiality Requirement
	3.2 Collectivistic Conceptions of the Protected Groups and the Substantiality Requirement
	3.3 Summary and Concluding Remarks
4 Beyond Binary and Substantialist Thinking: Embracing the Contingency in the Identification and Justification of ‘Substantiality’
	4.1 Contingent Reality of the Protected Groups
	4.2 Embracing the Contingency in Identifying and Justifying ‘Substantiality’
	4.3 Summary and Conclusion
5 Locating the Relevant ‘Part’ in Light of the Processual Nature of Group Destruction and the Contextuality of Genocidal Intent
	5.1 Processual Nature of Group Destruction and Locating the ‘Part’
	5.2 Contextuality of Genocidal Intent and Determination of the ‘Part’
	5.3 Summary and Concluding Remarks
6 A Four-Step Examination for Establishing the Crime of Genocide
	6.1 Locating a Normative Destructive Ethos Against a Protected Group
	6.2 Determining Whether the Process of Group Destruction Reaches the Stage of Genocide
	6.3 Assessing ‘Substantiality’
	6.4 Individualisation of Genocidal Responsibility
	6.5 Concluding Remarks
7 A Case Study: The Question of Genocide in South Sudan and the Substantiality Requirement
	7.1 A Brief History of the South Sudan Conflict: A Nation-Building Process Gone Wrong
	7.2 Assessments of the Situation: Ongoing or Impending Genocide?
	7.3 A Comparative Assessment of the South Sudan Situation Through the Proposed Framework
	7.4 Concluding Remarks: Genocide in South Sudan?
8 Conclusion
Bibliography
Index