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Understanding the Collective Right to Exist: Acoustic Separation and Survival Units

  • Dimitrios A. Kourtis

摘要

In theCollective right to exist previousSurvival unit chapter, IResolution 96(I) explored the status of groupsGroups as right-holders and the philosophical understanding of collective rightsCollective rights. IResolution 96(I) also briefly addressed the challenges related to criminal law and third-party beneficiaries. In this chapter, IResolution 96(I) will expand on these concepts to examine the major criticisms directed at the Convention and develop an alternative interpretation based on acoustic separationAcoustic separation, selective transmissionSelective transmission, and the dichotomy between conduct/primary and decision/secondary rulesSecondary rules. The chapter will conclude with an analysis of early jurisprudence on genocideGenocide to test my hypothesis and critically assess contemporary approaches to the dynamic interpretation of the concept of genocideGenocide.