CYIL vol. 14 (2023)

CYIL 14 (2023)

THE CRIME OF GENOCIDE: THEN AND NOW EVOLUTION OF A CRIME

Pavel Šturma, Milan Lipovský (eds.) The Crime of Genocide: Then and Now. Evolution of a Crime Leiden/Boston: Brill Nijhoff, 2022, ISBN: 978-90-04-51931-2, 331 pages [Zločin genocidy: tehdy a nyní. Vývoj zločinu] 2021 marked the 70 th anniversary of the Convention on the Prevention and Punishment of the Crime of Genocide entering into force. This upcoming significant jubilee motivated the members of the Department of International Law of the Charles University’s Faculty of Law to convene an international conference under its affiliated Human Rights Research Centre in September 2020. Even though that, due to unforeseen restrictions required by the Covid-19 pandemic, the conference took place virtually, the academic debates bore its fruits. The publication in question represents a solid proof that international academic collaboration can be productive and valuable even in such a modern digital form. The Crime of Genocide: Then and Now covers not only the evolution of the crime, as stated in its subtitle, but also a far-reaching range of aspects connected to the phenomenon. Besides an irresistible interpretation of the previous development of the crime as such, a report of the present state of the regulation and its current as well as potential use in the immediate reality is presented. The authors of the submissions elaborate on various elements of the “crime of the crimes” while taking distant stances and doctrinal approaches. The volume includes contributions dealing with theoretical studies as well as specific legal issues. The individual authors address both current applicable law together with various critiques of and proposals for modifying the illustrious definition of the crime in addition to other provisions of the Convention. As the concept of genocide embodies both a crime under international law (as an individual crime) and an international crime (a serious breach of obligations under peremptory norms of general international law), none of the two forms could possibly go unnoticed by the authors. The common elements of the definition (such as the protected groups) are, therefore, also followed by analyses of particular aspects of the distinct forms. The foreword by Claus Kreß , a distinguished expert in international criminal law, followed by the introduction by the editors Pavel Šturma and Milan Lipovský offer a promising exposition of the contents and summarize the conception and significance of the collective monography. Consequently, the book is divided into five sections that correspond to five organizing axes. Part 1 discusses theoretical concerns with the concept of genocide in perspective of both state as well as individual responsibility under international law. In the opposite, Part 2 is devoted solely to the criminal liability of individuals and its forms. Part 3 focuses on the epitomal aspect of the protected groups as enshrined in the definition of genocide. In Part 4, authors concentrate on current situations including the rather evergreen denial of the crimes. Last but not least, Part 5 addresses international and domestic experiences with prosecution of the crime as such. The main part of the text commences with Pavel Šturma’ s insightful analysis of the interrelations between the individual criminal and state responsibility for genocide illustrated especially by the recent decisions and current judicial deliberations by the ICJ and ICC. A distant approach transcending traditional legal scholarly discourse adopted

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