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Journal ArticleDOI

Canada and the Perpetrators of the Holocaust: The Case of Regina V. Finta

01 Dec 1995-Holocaust and Genocide Studies (Oxford University Press)-Vol. 9, Iss: 3, pp 293-317
About: This article is published in Holocaust and Genocide Studies.The article was published on 1995-12-01. It has received 2 citations till now. The article focuses on the topics: The Holocaust.
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DissertationDOI
01 Jan 2013
TL;DR: This paper examined the discourse generated by this bill to understand how the memory of the Holocaust is being integrated into the Canadian identity, and argued that the debate surrounding the NHM has been instrumental in the Canadianisation.
Abstract: Holocaust monuments are often catalysts in the „nationalization‟ of the Holocaust – the process by which Holocaust memory is shaped by its national milieu. Between 2009 and 2011, the Parliament of Canada debated a bill which set out the guidelines for the establishment of a National Holocaust Monument (NHM), which ultimately became a federal Act of Parliament in early 2011. I examine the discourse generated by this bill to understand how the memory of the Holocaust is being integrated into the Canadian identity, and argue that the debate surrounding the NHM has been instrumental in the „Canadianisation‟ of the Holocaust. I summarise my findings by placing them into dialogue with other national memories of the Holocaust, and identify three distinct features of Holocaust memory in Canada: a centrifugal trajectory originating in the Jewish community, a particular-universal tension rooted in multiculturalism, and a multifaceted memory comprising several conflicting – though not competing – narratives.

9 citations

Book ChapterDOI
01 Jan 2015
TL;DR: In this paper, the authors examine the two approaches in relation to the crimes against humanity allegedly committed in Kenya during the post-election violence, and evaluate whether Kenya has or could have utilized any of the approaches to effectively prosecute and punish the main perpetrators of these crimes.
Abstract: A state wishing to punish the core crimes under international law in its domestic courts can choose to follow two approaches. The first is to prosecute those crimes by relying on its ordinary domestic criminal law. The second approach is to prosecute them by relying on the structure of international criminal law as it is or as modified. The effectiveness of the first approach depends largely on how broadly or narrowly the domestic criminal law is structured, whereas that of the second approach depends, inter alia, on the practice followed in that state as regards domestication of international law norms so as to make them enforceable in the domestic courts. This chapter examines the two approaches in relation to the crimes against humanity allegedly committed in Kenya during the post-election violence, and evaluates whether Kenya has or could have utilized any of the approaches to effectively prosecute and punish the main perpetrators of these crimes. This discussion will provide a model for other jurisdictions, especially in the developing countries, that wish to address impunity for the core crimes in their domestic courts.

7 citations