TITLE

Refining the Structure and Revisiting the Relevant Jurisdiction of Crimes against Humanity

AUTHOR(S)
Zysset, Alain
PUB. DATE
February 2016
SOURCE
Canadian Journal of Law & Jurisprudence;Feb2016, Vol. 29 Issue 1, p245
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In this article, I test predominant normative approaches to CAH against the notion’s deployment in law. Embarking on this cross-disciplinary project is needed because those the predominant literature fail to address (or were just articulated before) the waves of cases brought before international criminal courts throughout the last decade. I start by examining how international criminal courts have specified the core elements of the definition and then assess if and how the predominant philosophical literature can account for it. I then argue that this legal-empirical inquiry leads to both refining the structure and revisiting the relevant jurisdiction of CAH.As far as structure is concerned, I distinguish a third but neglected element in the structure of CAH, which I identify as the preparatory conditions of the crimes (the ‘PCs’). In relying on Joseph Raz’ concept of authority, I argue that reconstructing the PCs help to specify what it is about states that those crimes deeply pervert. While the PCs strikingly mirror the systematic and pre-emptive role of the state, those patterns are established to massively persecute, terrorize and finally odiously attack. As far as jurisdiction is concerned, I infer that the agent of CAH and the state in which those crimes occur become ‘answerable’ to the normative community of responsible states (following Anthony Duff’s accountability model). By establishing international trials, this normative community does justice not only to the victims by proving the crimes but also to the perpetrators by treating them as responsible members.
ACCESSION #
112705097

 

Related Articles

  • A Strategic Choice: The State Policy Requirement in Core International Crimes. CHOULIARAS, ATHANASIOS // Leiden Journal of International Law;Dec2015, Vol. 28 Issue 4, p953 

    The article focuses on one of the most intriguing and, at the same time, controversial issues of international criminal law: whether the state policy requirement should be considered as a constitutive element in core international crimes. Adopting a criminal policy perspective, my intention is...

  • CREATING AN INTERNATIONAL PRISON. Penrose, Meg // Houston Journal of International Law;2016, Vol. 38 Issue 2, p425 

    The article explores the need of international prison, as of April 2016, and examines the advancements in international criminal law. Topics discussed include development of ad hoc tribunals to try those accused of war crimes or crimes against humanity; approach of the International Criminal...

  • BARGAINING PRACTICES: NEGOTIATING THE KAMPALA COMPROMISE FOR THE INTERNATIONAL CRIMINAL COURT. WEISBORD, NOAH // Law & Contemporary Problems;2013, Vol. 76 Issue 3/4, p85 

    The article discusses the bargaining practices of international courts as of July 2014, focusing on the International Criminal Court (ICC) and the Kampala Compromise which is reportedly a culmination of approximately 70 years of multilateral negotiations regarding the crime of aggression. The...

  • Beyond State Crimes: Non-State Entities and Crimes against Humanity. RODENHÄUSER, TILMAN // Leiden Journal of International Law;Dec2014, Vol. 27 Issue 4, p913 

    Recent cases before the ICC raise the question of on behalf of which entities crimes against humanity can be committed. Interpreting the ‘organizational policy’ requirement in its context, this article argues that in principle crimes against humanity can be committed pursuant to or...

  • Fact-Finding or Paving the Road to Criminal Justice? Frulli, Micaela // Journal of International Criminal Justice;Dec2012, Vol. 10 Issue 5, p1323 

    This article analyses the work of a number of fact-finding commissions established by the United Nations (UN) with a view to assessing their impact on subsequent criminal prosecutions for war crimes and other international crimes and to trigger some reflections on the merits and pitfalls of...

  • First Decisions on the Admission of Evidence at ICC Trials. Caianiello, Michele // Journal of International Criminal Justice;May2011, Vol. 9 Issue 2, p385 

    The aim of this article is to analyse some aspects of the law of evidence provided for by the rules applicable to proceedings before the International Criminal Court (ICC). The article will specifically address the admission provisions to ascertain whether the merging of different legal...

  • Pan-African Resistance to Western War Crimes and ICC. Ajamu, Amadi // Chicago Citizen - Chicago Weekend Edition;2/19/2014, Vol. 44 Issue 7, p5 

    The article focuses on the second International People's Tribunal (IPT) at Columbia University Law School in New York on January 25, 2014 in which prosecutors have shown resistance to Western nations' war crimes and the collaboration of the International Criminal Court (ICC) in humanity crimes.

  • Atrocity Crimes Litigation Year-in-Review (2010): A Gender Perspective. Oosterveld, Valerie // Journal of International Human Rights;Summer2011, Vol. 9 Issue 3, p325 

    The article examines several international criminal law events in 2010 related to gender-based violence at four international tribunals. These events include the indictment against Callixte Mbarushimana for sexual crimes in Congo, gang rapes in Kenya, and genocide committed through acts of rape...

  • Editorial. Dé, Urmila; Zappalà, Salvatore // Journal of International Criminal Justice;Dec2012, Vol. 10 Issue 5, p1025 

    An introduction is presented in which the author discusses various reports within the issue related to the late Italian jurist and legal scholar Antonio Cassese, including articles on international criminal law, global humanitarian law, and war crimes litigation in The Netherlands.

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics