Crimes Against Humanity in International Criminal Law

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Martinus Nijhoff Publishers, 27 июл. 1999 г. - Всего страниц: 610
In this revised edition, Professor Bassiouni persuasively establishes the legal validity of the Nuremberg Charter and describes the evolution of 'crimes against humanity' from 1945 to the 1998 ICC Statute. The book's comprehensive historical and legal analysis starts with the origins of this crime in the international regulation of armed conflicts and covers the Nuremberg, Tokyo and Allied Prosecutions after World War II, and subsequent national prosecutions, as well as the Statutes of the ICTY, ICTR and their jurisprudence, and the Statute of the ICC. The Nuremberg Charter first established 'crimes against humanity' in positive international criminal law, but it raised lingering legal issues. The book examines the ten different international legal formulations which were developed at that time, particularly their overlap with genocide and war crimes, and sorts out the confusion regarding the legal characteristics of this crime. The meticulous and thorough analysis of all relevant legal issues, many of which are not covered elsewhere, includes: principles of legality, criminal responsibility for decision-makers and others, command responsibility, obedience to superior orders and other defences, specific contents and their counterpart in national laws, policy considerations, and the applicability of this crime to non-State actors. The wealth of information and detailed discussion of international and national prosecutions and their failures make a compelling case for more effective enforcement in the future. The author brings to this book his well-known scholarship and unique practical experiences as Chairman of the UN Commission that investigated these crimes in the former Yugoslavia, and as Chairman of the ICC's Drafting Committee in Rome. The breadth and depth of this exhaustively documented book makes it the definitive authority on 'crimes against humanity'.
 

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Содержание

Chapter
1
Formulations Arising as a Result of the Charter
32
Chapter 2
41
Crimes Against Humanity as an Outgrowth
60
The Connection Between War Crimes and Crimes
69
Affirmation of the New Custom
82
Chapter 3
89
The Philosophy of International Law and the
103
Imputability of Individual Conduct to the Responsibility
267
The Policy Requirement for NonState Actors
273
The Method of Identifying Specific Contents and the Contents
282
Identifying the Specific Crimes Contained in the Four
290
Murder and Extermination
300
Deportation
312
Persecution
326
The Security Council Phase Article 5 of the ICTY Statute
362

Pragmatism Prevails
118
Principles of Legality and the Law of the Charter
123
Principles of Legality in International Criminal Law
140
The Charter and the PostWorld War II Prosecutions
146
Assessing the Arguments of Legality in the
158
PostCharter Legal Developments
167
PostCharter Enunciations
173
Substantive Developments
179
Councils Formulations
193
Protected Interests
203
Procedural Developments
217
Conclusion
241
The Relevance of the International or Jurisdictional Element
246
The Policy of International Criminalization
253
Chapter 8
369
Criminal Responsibility and the General Part
394
Conclusion
446
Compulsion
484
Reprisals
491
Tu Quoque
502
Conclusion
508
PreWorldWarl
514
Other Evidence of Individual International Criminal
523
Subsequent Proceedings
531
PostWorld War II
543
Conclusion
554
Index
579
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Об авторе (1999)

M. Cherif Bassiouni is Professor of Law, President, International Human Rights Law Institute, DePaul College of Law; President, International Association of Penal Law; President, International Institute of Higher Studies in Criminal Sciences.

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