O crime de genocídio no Direito Interno e no Direito Internacional Penal

Bibliographic Data

ID5813096
AuthorsPedro Henrique Lins Gryschek (corresponding author)
Year2020
Publication date2020-08-17
Peer ReviewedYes
Open AccessYes
TypeTHESIS
PublisherUniversidade de Sao Paulo, Agencia USP de Gestao da Informacao Academica (AGUIA) (PUBLISHER)
DOI10.11606/d.2.2020.tde-02052021-233742
OpenAlexW3201674533
LanguagePT
References cited12

The scope of this dissertation is the study of the international criminal type of genocide.In order to achieve this objective, it assesses the history of the criminal type, strongly connected to jurist Rafał Lemkin, whose contribution was decisive for the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide, in December 1948.The reasons for the delay of almost five decades on the application of the criminal type in International Law are assessed, as well.Afterwards, this study analyzes the international jurisprudence, from the International Criminal Tribunals for Rwanda and for the Former Yugoslavia, the International Court of Justice and, more recently, from the International Criminal Court.The experience of the Mixed Tribunals, especially in Cambodia, is also studied.More specifically, this work deals with the Srebrenica genocide, a crime committed during the Bosnian War, in 1995, studying the historical reasons for the crime and the judgment of Serbia at the International Court of Justice and of the individuals accused of this crime, at the International Criminal Court for the Former Yugoslavia.Next, this dissertation presents the Brazilian internal jurisprudence about the crime of genocide, from the judgement, in the Supreme Federal Court, of the individuals indicted for the "Haximu Massacre".A history of the genocidal conducts in Brazil is also presented, as well as an analysis of the how the country is inserted in the international effort to prevent and punish the crime of genocide.In the end, it is concluded that the international criminal type of genocide is not thoroughly applied, bur the punishment and prevention of this crime has advanced, especially since the decade of 1990

Criminal justice · Criminology · Genocide · International law · Jurisprudence · Political science · Sociology · Supreme court · War crime · Global Peace and Security Dynamics · Historical and Contemporary Political Dynamics · International Law and Human Rights · Law

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