Language:
Spanish
Year of publication:
1998
Titel der Quelle:
Yale Journal of International Law
Angaben zur Quelle:
23,2 (1998) 503-559
Keywords:
Holocaust, Jewish (1939-1945)
;
Holocaust, Jewish (1939-1945) Influence
;
Holocaust, Jewish (1939-1945) Historiography
;
War crime trials
;
Genocide History 20th century
Abstract:
States that both the Armenian and the Jewish genocides occurred because neither of them could be prevented. But although the authors of the Armenian genocide were not punished, the perpetrators of the Holocaust were given a large dose of retributive justice. Focuses on the concept of an impunity-punishment axis to examine the historical and legal developments in which both the Armenians and the Jews became prime targets for genocidal victimization, which helped usher in a new legal ethos of retributive justice. The core element of that ethos was the premise that the main way to prevent a future crime was to punish the present crime and thereby deter potential perpetrators. The Allies established a new charter that, by declaring genocide a crime against humanity, became the foundation of a new international law. Deals with three problems: the similarity of the conditions that made the prevention of the two genocides infeasible; factors of contagion and emulation through which the unpunished Armenian genocide may have contributed to the unpreventability of the Jewish genocide; and the emergence of a new international legal doctrine, "crimes against humanity."
Note:
Similar versions appeared in "Holocaust and Genocide Studies" 3,2 (1988), and in "Remembering for the Future" (1989). In Spanish: "Indice" 22 (2004).
URL:
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