Treatise on International Criminal Law (2nd Edition)
Contents
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A. Introduction A. Introduction
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(1) Legal history and concept (1) Legal history and concept
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(2) Protected legal interests (2) Protected legal interests
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(3) Structure of the crime (Article 7 ICC Statute) (3) Structure of the crime (Article 7 ICC Statute)
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B. The Context Element B. The Context Element
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(1) General remarks (1) General remarks
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(a) From the war nexus to a policy element (a) From the war nexus to a policy element
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(i) The Nuremberg Charter and Control Council Law No. 10 (i) The Nuremberg Charter and Control Council Law No. 10
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(ii) Post-Nuremberg developments (ii) Post-Nuremberg developments
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(iii) The ad hoc international criminal tribunals (iii) The ad hoc international criminal tribunals
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(b) The rationale of the context element as a guideline for interpretation (b) The rationale of the context element as a guideline for interpretation
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(c) Conclusion (c) Conclusion
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(2) Elements of the context (2) Elements of the context
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(a) Attack (a) Attack
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(b) Widespread or systematic (b) Widespread or systematic
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(i) Systematic attack (i) Systematic attack
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(ii) Widespread attack (ii) Widespread attack
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(iii) Alternative or cumulative approach (iii) Alternative or cumulative approach
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(c) Directed against any civilian population (c) Directed against any civilian population
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(i) Population (i) Population
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(ii) Civilian (ii) Civilian
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(d) Policy element (d) Policy element
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(i) The need for the policy element and the conduct required (i) The need for the policy element and the conduct required
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(ii) Form, content, and manifestation of the policy (ii) Form, content, and manifestation of the policy
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(iii) The entity behind the policy (iii) The entity behind the policy
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(iv) The policy element and the underlying acts (iv) The policy element and the underlying acts
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(e) Subjective element (e) Subjective element
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C. Underlying Acts C. Underlying Acts
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(1) Murder (Article 7(1)(a) ICC Statute) (1) Murder (Article 7(1)(a) ICC Statute)
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(2) Extermination (Article 7(1)(b) ICC Statute) (2) Extermination (Article 7(1)(b) ICC Statute)
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(3) Enslavement (Article 7(1)(c) ICC Statute) (3) Enslavement (Article 7(1)(c) ICC Statute)
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(4) Deportation or forcible transfer of population (Article 7(1)(d) ICC Statute) (4) Deportation or forcible transfer of population (Article 7(1)(d) ICC Statute)
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(5) Imprisonment or other severe deprivation of liberty (Article 7(1)(e) ICC Statute) (5) Imprisonment or other severe deprivation of liberty (Article 7(1)(e) ICC Statute)
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(6) Torture (Article 7(1)(f) ICC Statute) (6) Torture (Article 7(1)(f) ICC Statute)
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(7) Sexual crimes (Article 7(1)(g) ICC Statute) (7) Sexual crimes (Article 7(1)(g) ICC Statute)
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(a) Preliminary remarks (a) Preliminary remarks
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(i) Cultural conditionality and intersectionality (i) Cultural conditionality and intersectionality
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(ii) Criminalization, victims, and perpetrators (ii) Criminalization, victims, and perpetrators
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(iii) Increasing awareness and practice (iii) Increasing awareness and practice
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(b) The Individual offences (b) The Individual offences
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(i) Rape (i) Rape
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(ii) Sexual slavery (ii) Sexual slavery
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(iii) Enforced prostitution (iii) Enforced prostitution
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(iv) Forced pregnancy (iv) Forced pregnancy
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(v) Enforced sterilization (v) Enforced sterilization
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(vi) Any other form of sexual violence of comparable gravity (vi) Any other form of sexual violence of comparable gravity
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(8) Persecution (Article 7(1)(h) ICC Statute) (8) Persecution (Article 7(1)(h) ICC Statute)
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(9) Enforced disappearance of persons (Article 7(1)(i) ICC Statute) (9) Enforced disappearance of persons (Article 7(1)(i) ICC Statute)
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(10) The crime of apartheid (Article 7(1)(j) ICC Statute) (10) The crime of apartheid (Article 7(1)(j) ICC Statute)
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(11) Other inhumane acts (Article 7(1)(k) ICC Statute) (11) Other inhumane acts (Article 7(1)(k) ICC Statute)
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Cite
Abstract
This chapter explores the concept of crimes against humanity that goes back to the Declaration of 28 May 1915 by the governments of France, Great Britain, and Russia, relating to the massacres of the Armenian population in Turkey. It analyzes the declaration that described the atrocities as crimes against humanity for which all members of the Turkish Government will be held responsible together with its agents implicated in the massacres. Similarly, in the Nuremberg trials crimes against humanity were dealt with as crimes committed by Germans against fellow Germans. The chapter discusses crimes against humanity that provides penal protection against the transgression of the most basic laws protecting the individuality as political beings and social entity as members of political communities. The transgressor becomes an enemy and legitimate target of all humankind, who may bring to justice.
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