Advanced

Is the Genocide Convention Built on Ashes of Trauma? - Understanding the Genocide Defintion in International Law from a Trauma and Law Perspective

Macznik, Jonatan LU (2017) JAMM07 20171
Department of Law
Faculty of Law
Abstract
The central argument of the thesis is, by using the example of the genocide definition, to understand the often forgotten impact of the traumas of humankind in International law. Trauma and Law is a theoretical understanding or a hypothesis on international law related to the concept Crisis Law. The theory contains the idea that international law often is
formed as a consequence of human tragedies or failures and that this have certain consequences and impacts on the formation of the black letter of the law as the application of the law. The theory understands the role of traumas within the legislative history of International law as both catalytic and distracting. By analysing the legislative history of the Genocide Convention and its... (More)
The central argument of the thesis is, by using the example of the genocide definition, to understand the often forgotten impact of the traumas of humankind in International law. Trauma and Law is a theoretical understanding or a hypothesis on international law related to the concept Crisis Law. The theory contains the idea that international law often is
formed as a consequence of human tragedies or failures and that this have certain consequences and impacts on the formation of the black letter of the law as the application of the law. The theory understands the role of traumas within the legislative history of International law as both catalytic and distracting. By analysing the legislative history of the Genocide Convention and its construction of actus reus of Genocide, and the doctrines critique of its wordings from a trauma law perspective, the thesis aims to provide a better understanding of the definition itself and discuss how international law is formed.

The general historic overview of the legislative process of the Genocide Conventions describes a legal development from the recognition of minorities’ existence, and later rights, via the atrocities of the 18th century, Raphaël Lemkin’s ideas and the creation of the United Nations into the establishment of the Convention. Regarding the actus reus element of the Genocide Convention, the Thesis presents material from the legislative process showing a clear impact of the Holocaust on the formation of the definition. The thesis also provides the reader with an overview of doctrinal as well as non-legal critique if the defined genocidal acts in the convention.

The analysis concludes that it is possible to claim that the actus reus element is a “Trauma Law” and that primarily the Holocaust, served as a catalyst for the legislation. Furthermore, it concludes that the Holocaust may have played a distracting role when genocide was defined as physical destruction. Finally is the benefit of a Trauma and Law perspective critically discussed. (Less)
Please use this url to cite or link to this publication:
author
Macznik, Jonatan LU
supervisor
organization
course
JAMM07 20171
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Lemkin, Trauma and Law, Crisis Law, Trauma Law, Legal History, Genocide, Holocaust
language
English
id
8916371
date added to LUP
2017-06-21 15:20:39
date last changed
2017-06-21 15:20:39
@misc{8916371,
  abstract     = {The central argument of the thesis is, by using the example of the genocide definition, to understand the often forgotten impact of the traumas of humankind in International law. Trauma and Law is a theoretical understanding or a hypothesis on international law related to the concept Crisis Law. The theory contains the idea that international law often is
formed as a consequence of human tragedies or failures and that this have certain consequences and impacts on the formation of the black letter of the law as the application of the law. The theory understands the role of traumas within the legislative history of International law as both catalytic and distracting. By analysing the legislative history of the Genocide Convention and its construction of actus reus of Genocide, and the doctrines critique of its wordings from a trauma law perspective, the thesis aims to provide a better understanding of the definition itself and discuss how international law is formed.

The general historic overview of the legislative process of the Genocide Conventions describes a legal development from the recognition of minorities’ existence, and later rights, via the atrocities of the 18th century, Raphaël Lemkin’s ideas and the creation of the United Nations into the establishment of the Convention. Regarding the actus reus element of the Genocide Convention, the Thesis presents material from the legislative process showing a clear impact of the Holocaust on the formation of the definition. The thesis also provides the reader with an overview of doctrinal as well as non-legal critique if the defined genocidal acts in the convention.

The analysis concludes that it is possible to claim that the actus reus element is a “Trauma Law” and that primarily the Holocaust, served as a catalyst for the legislation. Furthermore, it concludes that the Holocaust may have played a distracting role when genocide was defined as physical destruction. Finally is the benefit of a Trauma and Law perspective critically discussed.},
  author       = {Macznik, Jonatan},
  keyword      = {Lemkin,Trauma and Law,Crisis Law,Trauma Law,Legal History,Genocide,Holocaust},
  language     = {eng},
  note         = {Student Paper},
  title        = {Is the Genocide Convention Built on Ashes of Trauma? - Understanding the Genocide Defintion in International Law from a Trauma and Law Perspective},
  year         = {2017},
}