The Concept of Race in International Criminal Law

This book explores the concept of race in international criminal law, examining the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyzing all the relevant legal instruments, case law, and scholarship. It argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness, and that the perpetrators imagination as manifested through his behavior defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.

Format: Paperback / softback
Length: 308 pages
Publication date: 30 June 2021
Publisher: Taylor & Francis Ltd

Members of racial groups are afforded protection under international law against acts of genocide, persecution, and apartheid. However, the question arises as to what constitutes a race and why this contentious term was not explicitly addressed in the drafting of the Statute of the International Criminal Court. While the law employs the term, the legitimacy of discussing race in contemporary times, let alone holding individuals accountable for crimes committed against racial groups, remains a subject of debate.

This book serves as a comprehensive exploration of the concept of race in international criminal law. It delves into the theoretical foundations for the crimes of genocide, apartheid, and persecution, examining all relevant legal instruments, case law, and scholarship. It uncovers how international criminal tribunals have largely avoided addressing the topic of race, leading to inconsistent protection. Through a multifaceted and interdisciplinary analysis, the study offers valuable new interpretations of a complex concept.

The study posits that the construction of race in international criminal law should be based on the perpetrator's perception of the victims ostensible racial otherness. The perpetrators' imagination, as manifested through their behavior, defines the membership of the victim's racial group. This approach challenges the traditional understanding of race as a biological or genetic construct and emphasizes the subjective nature of racial identity.

The book holds significant interest for students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law. It provides a comprehensive framework for understanding the complexities of race and its implications in the realm of criminal justice. By examining the historical, legal, and social aspects of race, the book sheds light on the challenges and opportunities for promoting equality and justice in a diverse world.

Weight: 466g
Dimension: 158 x 232 x 27 (mm)
ISBN-13: 9781032089140