A Collective Theory of Genocidal Intent
Tackling one of the most confusing and controversial issues in the field of international criminal law — i.e., the genocidal intent element, this monograph seeks to develop an account of genocidal intent from a collectivist perspective. Drawing upon the t
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Volume 7
A Collective Theory of Genocidal Intent
Sangkul Kim
International Criminal Justice Series Volume 7
Series editors Gerhard Werle, Berlin, Germany Lovell Fernandez, Bellville, South Africa Moritz Vormbaum, Berlin, Germany
Series Information The International Criminal Justice Series aims to create a platform for publications in the whole field of international criminal justice. It, therefore, deals with issues relating, among others, to: – the work of international criminal courts and tribunals; – transitional justice approaches in different countries; – international anti-corruption and anti-money laundering initiatives; – the history of international criminal law. The series concentrates on themes pertinent to developing countries. It is peerreviewed and seeks to publish high-quality works emanating from excellent scholars, in particular from African countries.
Editorial Office Prof. Dr. Gerhard Werle Humboldt-Universität zu Berlin Faculty of Law Unter den Linden 6, 10099 Berlin, Germany [email protected] [email protected] More information about this series at http://www.springer.com/series/13470
Sangkul Kim
A Collective Theory of Genocidal Intent
13
Sangkul Kim Law School Korea University Seoul South Korea (Republic of Korea)
ISSN 2352-6718 ISSN 2352-6726 (electronic) International Criminal Justice Series ISBN 978-94-6265-122-7 ISBN 978-94-6265-123-4 (eBook) DOI 10.1007/978-94-6265-123-4 Library of Congress Control Number: 2016934677 © t.m.c. asser press and the author 2016 Published by t.m.c. asser press, The Hague, The Netherlands www.asserpress.nl Produced and distributed for t.m.c. asser press by Springer-Verlag Berlin Heidelberg No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer Science+Business Media B.V. Dordrecht
To Nayoung
Acknowledgments
This book stems from my doctoral research at Georgetown University Law Center. I deeply thank my dissertation committee members: Pros. David Luban, Julie O’Sullivan, and Neha Jain. My supervisor, Prof. David Luban, has provided me with unwavering support and encouragement for almost 15 years from the days of my master’s study. Without him, this book would have never existed. I thank dean Nan Hunter and director Alexa Freeman for our wonderful S.J.D. program at
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