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6 - Scorched Earth in Syria

Between Crimes against Humanity and Genocide

from Part I - The Syrian War

Published online by Cambridge University Press:  16 December 2019

By
Hilly Moodrick-Even Khen  and
Yael Siman
Edited by
Hilly Moodrick-Even Khen ,
Nir T. Boms  and
Sareta Ashraph
Hilly Moodrick-Even Khen
Affiliation:
Academic College for Law and Science and Ariel University
Nir T. Boms
Affiliation:
Tel-Aviv University
Sareta Ashraph
Affiliation:
Garden Court Chambers
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Summary

The chapter surveys crimes against humanity and genocide in the conflict. The authors provide a legal conceptual analysis of the two different international crimes – which share common features distinguishing them from ordinary crimes and yet are also legally distinguished from each other. Moodrick-Even Khen and Siman focus on specific conduct that form two of the most documented crimes in the Syrian conflict: the crimes against humanity of torture and extermination of prisoners in detention facilities of the Syrian government; and the genocide of the Yazidis committed by ISIS. The legal analysis is used to explain who, among the various parties to the conflict in Syria, is responsible for each crime and the justifications for the allegations against each party.

Keywords

genocideinternational criminal lawYazidiscrimes against humanityexterminationtorture
Type
Chapter
Information
The Syrian War
Between Justice and Political Reality
 , pp. 107 - 139
Publisher: Cambridge University Press
Print publication year: 2020

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