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Introduction

  • Dimitrios A. Kourtis

摘要

This chapter focuses on the legal concept of genocideGenocide, examining its evolution, interpretation, and application within international law. Despite the Genocide ConventionGenocide convention being in place for over seventy years, fundamental aspects of the crime, such as the interpretation of protected groupsProtected groups and the intent required for genocideGenocide, remain hotly debated. The study argues that two distinct legal regimes have emerged: one focusing on individual criminal responsibilityIndividual criminal responsibility and state responsibilityState responsibility, and the other on protecting the right of groupsGroups to exist. These regimes, while interconnected, have been treated separately due to differing legal interpretationsLegal interpretation and the ambiguities within the Convention’s language. By situating the study within contemporary and historical contexts, it seeks to reconcile these divergent interpretations and offers a methodologyLegal methodology grounded in both legal and sociological analysis to address the ongoing challenges in interpreting genocideGenocide law.