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The Role of Other International Crimes

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter explores the relationship between genocide and other offences under international law, focusing on crimes against humanity (e.g., extermination, torture, and other forms of group ... More


International Criminal Law

Andrew Altman and Christopher Heath Wellman

in A Liberal Theory of International Justice

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199564415
eISBN:
9780191721434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564415.003.0004
Subject:
Political Science, Political Theory, International Relations and Politics

The development of a system of international criminal law is especially important so that instances of widespread or systematic human rights abuses may be prosecuted before tribunals other than those ... More


Using Custom to Reconceptualize Crimes Against Humanity

Larissa van den Herik

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the customary international law basis for the development of the definition of crimes against humanity before the ad hoc Tribunals. It argues that the approach taken by the ad ... More


Crimes against humanity

Christine Byron

in War Crimes and Crimes Against Humanity in the Rome Statute of the International Criminal Court

Published in print:
2009
Published Online:
July 2012
ISBN:
9780719073892
eISBN:
9781781701942
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719073892.003.0005
Subject:
History, World Modern History

This chapter begins with a brief background to crimes against humanity. It then discusses Article 7(1) covering the origins and development Article 7(1)(a) Murder; Article 7(1)(b) Extermination; ... More


Crimes Against Humanity

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0011
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter discusses the tribunals' interpretation of the crimes against humanity provision in Law No. 10. Sections 1–3 examine the three categories of crimes against humanity that were discussed ... More


The Differing Concepts of War Crimes and Crimes against Humanity in International Criminal Law

Bing Bing Jia

in The Reality of International Law: Essays in Honour of Ian Brownlie

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198268376
eISBN:
9780191683510
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268376.003.0011
Subject:
Law, Public International Law

This chapter examines the concepts of war crimes and crimes against humanity in the context of international criminal law. It analyses whether there is a customary rule that allows for charges of war ... More


Genocide and Political Groups

David L. Nersessian

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book provides an examination of the crime of genocide in connection with political groups. It offers an empirical study of the current status of political groups under customary international ... More


Why against humanity?

Norman Geras

in Crimes Against Humanity: Birth of a Concept

Published in print:
2011
Published Online:
July 2012
ISBN:
9780719082412
eISBN:
9781781702086
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719082412.003.0002
Subject:
Political Science, Political Theory

This chapter analyzes the meaning of the claim that there are crimes that are said to be against humanity. That meaning is not transparently obvious, and it examines several ways in which it has been ... More


A Jurisdictional Theory of International Crimes

Alejandro Chehtman

in The Philosophical Foundations of Extraterritorial Punishment

Published in print:
2010
Published Online:
May 2011
ISBN:
9780199603404
eISBN:
9780191725173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199603404.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter presents a jurisdictional theory of international crimes. It argues that the defining feature of the concept of an international crime is that it warrants conferring upon at least some ... More


Crimes against Humanity in the Statutes of the ad hoc Tribunals

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0010
Subject:
Law, Human Rights and Immigration

The ad hoc tribunals created for Rwanda and the former Yugoslavia have had an immense influence on the law of crimes against humanity. In essence, the definition of crimes against humanity as ... More


Chapeau Elements of Crimes against Humanity

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0011
Subject:
Law, Human Rights and Immigration

What distinguishes a crime against humanity from an ordinary crime (or from other international crimes) is the requirement that it must have been committed in the context of a widespread or ... More


Armed Groups and Crimes against Humanity

Katharine Fortin

in The Accountability of Armed Groups under Human Rights Law

Published in print:
2017
Published Online:
September 2017
ISBN:
9780198808381
eISBN:
9780191846106
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198808381.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

The chapter considers the relevance of the law on crimes against humanity to explanations of how armed groups are bound by international human rights law. Exploring the two-tiered nature of crimes ... More


Complementarity in the Rome Statute and National Criminal Jurisdictions

Jann K. Kleffner

Published in print:
2008
Published Online:
May 2009
ISBN:
9780199238453
eISBN:
9780191716744
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199238453.001.0001
Subject:
Law, Public International Law

The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against ... More


Creating a Definition of Rape in International Law: The Contribution of the International Criminal Tribunals

Niamh Hayes

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the attempts by the judges of the Yugoslavia and Rwanda Tribunals to identify and develop a coherent and workable definition of rape as an international crime. It traces the ... More


War Crimes and Crimes against Humanity

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0024
Subject:
Law, Human Rights and Immigration

Four elements distinguish war crimes from crimes against humanity. War crimes may only be committed during an armed conflict, whereas crimes against humanity can be committed both in times of war and ... More


The Crime of Persecution in the ICTY Case-law

Jonas Nilsson

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0008
Subject:
Law, Public International Law, Criminal Law and Criminology

The ICTY prosecutor and judges have found in the crime of persecution a suitable category to address the types of crimes committed in the former Yugoslavia during the conflict in the 1990s. For ... More


THE GENOCIDE MYSTIQUE

William Schabas

in Unimaginable Atrocities: Justice, Politics, and Rights at the War Crimes Tribunals

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199653072
eISBN:
9780191739361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199653072.003.0005
Subject:
Law, Public International Law

The word ‘genocide’ itself has a strange, mysterious effect. For victims, it presents itself as a badge of honour, the only adequate way to describe their suffering or that of their ancestors. Those ... More


Conclusions

Patricia Owens

in Between War and Politics: International Relations and the Thought of Hannah Arendt

Published in print:
2007
Published Online:
May 2009
ISBN:
9780199299362
eISBN:
9780191715051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299362.003.0009
Subject:
Political Science, Political Theory, International Relations and Politics

Arendt's apparent exclusion of violence from politics — her definitionally-enforced distinction — actually linked politics and war together in a historically and conceptually rich relationship. She ... More


Origins and development

Norman Geras

in Crimes Against Humanity: Birth of a Concept

Published in print:
2011
Published Online:
July 2012
ISBN:
9780719082412
eISBN:
9781781702086
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719082412.003.0001
Subject:
Political Science, Political Theory

This chapter sketches something of the prehistory of the idea of crimes against humanity up to the end of the Second World War, its official emergence in the Nuremberg Charter and Trial, and some ... More


Justice and Reconciliation: The Rule of Law in Post-Conflict Territories

Simon Chesterman

in You, The People: The United Nations, Transitional Administration, and State-Building

Published in print:
2004
Published Online:
April 2004
ISBN:
9780199263486
eISBN:
9780191600999
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199263485.003.0006
Subject:
Political Science, International Relations and Politics

How can faith in local institutions — most importantly the rule of law — be supported? In many situations, the very laws to be enforced will themselves be controversial, as Serb laws were in ... More


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