CYIL vol. 14 (2023)
MAREK GERLE CYIL 14 (2023) by Marcus P. Beham allowed the collection to expand to a broader dimension of modern genocidal studies. The author emphasizes the importance of labelling of atrocities and warns about tendances of potential attenuation of the notion of genocide in general use. The quintessential element of the dolus specialis stays in the centre of attention also by Michala Chadimová , who studies implications of newly emerged forms of liability in comparison to the previous judicial practice over proving the necessary genocidal intent. Nikola Kurková Klímová examines the so far rather immaterialized concept of attempted genocide in international criminal law including an insight into the dimension of state responsibility. However, as the author appropriately reiterates, a future elaboration by the competent judicial bodies seems imperative for further clarification of the institute. The question of groups specially protected by the changeless definition of the crime of genocide attracts the attention of plural contributors. Veronika Bílková places the width of the protected spectrum under scrutiny and examine ways of its potential enlargement. While the definition stays intact, the author nevertheless argues that the scope has already been extended due to judicial (re)interpretation within the boundaries set by the original provisions of the Convention. Harald C. Scheu sheds light on one of the most polemical notions of cultural genocide, while comparing it to the existing human rights framework concerning the international protection of national minorities. In a more global manner, Kateřina Uhlířová challenges the methodology used in initially defining protected groups as such in previous judicial practice and presents author’s preferred combined approach balancing the objective and subjective factors. A specific yet urgent group of people with disabilities, often disregarded by the discourse, is taken into consideration by Eliška Mocková when contemplating over the potential enlargement of the groups protected by the Genocide Convention. The author advocates for such protection as she exposes grave and convincing arguments. The stigma of genocide, developed in both the general public and legal practice, can have various unforeseen consequences as shown in the multi-layered contribution by Tamás Hoffmann . The author illustrates the negative impacts of the narrow legal definition of genocide by the repeated denial of and continuous double standards towards the communist crimes in the post-communist countries with a particular Hungarian focus. In a detail oriented study of the phenomenon of denial of genocide Katarína Šmigová memorializes the Armenian Genocide, which preceded and also inspired the adoption of the Genocide Convention itself. The current exodus of the Rohingya people more than a century later serves as a symbolic example used by the author to complement the portrait of the relentless character of genocide denial in the present-day world. The gravity of the situation in question motivated the submission of a separate contribution aimed solely at the claims of genocide in Myanmar. Kristýna Pelikánová Urbanová delicately analyses the aspect of territorial jurisdiction of the ICC, the ambiguity in its case law enlargement as well as potential unexpected consequences. The last chapters of the collection present domestic and international perspectives towards the crime of genocide. Namely Ondřej Svaček assesses the Czech and previous Czechoslovak experience with the Genocide Convention both in the view of the drafting process as well as the relation between the rules of international law and the domestic legal framework. Milan Lipovský , on the other hand, submits a compact yet in-depth study of the concept of
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