Items
Details
Table of Contents
Cover
International Crimes
Copyright
Dedication
Foreword
Preface
Contents
Table of Cases and Documents
1 A Short History of Crimes Against Humanity
1.1 From the Laws of Humanity to Crimes Against Humanity
1.2 Nuremberg and the Invention of Crimes Against Humanity
1.2.1 The Nuremberg Charter
1.2.2 The Nuremberg Judgment
1.2.3 The Tokyo trial and subsequent prosecutions
1.2.4 The legacy of Nuremberg and Tokyo
1.3 From Nuremberg to The Hague and Beyond
2 Crimes Against Humanity Under General International Law
2.1 Scope of Applicability
2.1.1 General considerations
2.1.1.1 Crimes against humanity as crimes under international law
2.1.1.2 No necessary linkage to other crimes
2.1.1.3 Peace and war
2.1.2 Personal scope of application
2.1.2.1 Individuals
2.1.2.1.1 Nationality of victim irrelevant
2.1.2.1.2 Membership in group irrelevant
2.1.2.1.3 Private or public capacity irrelevant
2.1.2.1.4 Applicable modes of liability
2.1.2.1.5 Exclusion of the defence of superior orders
2.1.2.1.6 Exclusion from refugee status
2.1.2.2 States
2.1.2.2.1 General considerations
2.1.2.2.2 Responsibility of states to protect their population and to prevent crimes against humanity
2.1.2.2.3 Obligation not to engage in crimes against humanity
2.1.2.2.4 Limitation of state's normative sovereignty
2.1.2.2.5 Duty to punish
2.1.2.2.6 Extradition and Cooperation
2.1.2.3 Corporations and corporate actors
2.1.2.3.1 Corporations
2.1.2.3.2 Corporate leaders and employees
2.1.3 Temporal scope of application
2.1.4 Territorial scope of application
2.2 Gravity of the Crime
2.2.1 General considerations
2.2.2 Crimes against humanity and other international crimes
2.2.3 Sentencing
2.3 Normative Status
2.3.1 Customary law status of prohibition and definitions
2.3.2 Jus cogens
2.3.3 Erga omnes obligations
2.4 Principles of Interpretation
3 Jurisdiction Over Crimes Against Humanity
3.1 Jurisdiction to Investigate and Prosecute Crimes Against Humanity-General Considerations
3.1.1 A right for any state to exercise universal jurisdiction over crimes against humanity
3.1.1.1 Relevant practice and precedents
3.1.1.2 Effect of the right to exercise universal jurisdiction over crimes against humanity
3.1.1.3 Definition of the offence and right to exercise (universal) jurisdiction
3.1.2 No general duty to exercise jurisdiction
3.2 Torture
3.3 Enforced Disappearance and Apartheid
3.3.1 Enforced disappearance
3.3.2 Apartheid
4 Immunities, Amnesties, and Statutes of Limitation
4.1 Immunities
4.2 Amnesties
4.2.1 General considerations
4.2.2 Evaluating the validity of amnesties pertaining to crimes against humanity
4.2.3 No extra-territorial effect of amnesties
International Crimes
Copyright
Dedication
Foreword
Preface
Contents
Table of Cases and Documents
1 A Short History of Crimes Against Humanity
1.1 From the Laws of Humanity to Crimes Against Humanity
1.2 Nuremberg and the Invention of Crimes Against Humanity
1.2.1 The Nuremberg Charter
1.2.2 The Nuremberg Judgment
1.2.3 The Tokyo trial and subsequent prosecutions
1.2.4 The legacy of Nuremberg and Tokyo
1.3 From Nuremberg to The Hague and Beyond
2 Crimes Against Humanity Under General International Law
2.1 Scope of Applicability
2.1.1 General considerations
2.1.1.1 Crimes against humanity as crimes under international law
2.1.1.2 No necessary linkage to other crimes
2.1.1.3 Peace and war
2.1.2 Personal scope of application
2.1.2.1 Individuals
2.1.2.1.1 Nationality of victim irrelevant
2.1.2.1.2 Membership in group irrelevant
2.1.2.1.3 Private or public capacity irrelevant
2.1.2.1.4 Applicable modes of liability
2.1.2.1.5 Exclusion of the defence of superior orders
2.1.2.1.6 Exclusion from refugee status
2.1.2.2 States
2.1.2.2.1 General considerations
2.1.2.2.2 Responsibility of states to protect their population and to prevent crimes against humanity
2.1.2.2.3 Obligation not to engage in crimes against humanity
2.1.2.2.4 Limitation of state's normative sovereignty
2.1.2.2.5 Duty to punish
2.1.2.2.6 Extradition and Cooperation
2.1.2.3 Corporations and corporate actors
2.1.2.3.1 Corporations
2.1.2.3.2 Corporate leaders and employees
2.1.3 Temporal scope of application
2.1.4 Territorial scope of application
2.2 Gravity of the Crime
2.2.1 General considerations
2.2.2 Crimes against humanity and other international crimes
2.2.3 Sentencing
2.3 Normative Status
2.3.1 Customary law status of prohibition and definitions
2.3.2 Jus cogens
2.3.3 Erga omnes obligations
2.4 Principles of Interpretation
3 Jurisdiction Over Crimes Against Humanity
3.1 Jurisdiction to Investigate and Prosecute Crimes Against Humanity-General Considerations
3.1.1 A right for any state to exercise universal jurisdiction over crimes against humanity
3.1.1.1 Relevant practice and precedents
3.1.1.2 Effect of the right to exercise universal jurisdiction over crimes against humanity
3.1.1.3 Definition of the offence and right to exercise (universal) jurisdiction
3.1.2 No general duty to exercise jurisdiction
3.2 Torture
3.3 Enforced Disappearance and Apartheid
3.3.1 Enforced disappearance
3.3.2 Apartheid
4 Immunities, Amnesties, and Statutes of Limitation
4.1 Immunities
4.2 Amnesties
4.2.1 General considerations
4.2.2 Evaluating the validity of amnesties pertaining to crimes against humanity
4.2.3 No extra-territorial effect of amnesties