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Removing or Reincarnating the Policy Requirement of Crimes against Humanity: Introductory Note

Published online by Cambridge University Press:  22 November 2010

LARISSA VAN DEN HERIK  and
ELIES VAN SLIEDREGT
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Extract

Of the three existing core crimes in international criminal law, crimes against humanity is the most elusive one, a chameleonic crime that can change colour over time, since it does not possess an unambiguous conceptual character. The characterizing element of genocide obviously is the specific intent to destroy. War crimes must have a nexus with an armed conflict. The identifying element of crimes against humanity is more difficult to pin down as the contextual elements have changed over time.

Type
HAGUE INTERNATIONAL TRIBUNALS: International Criminal Court and Tribunals The Policy Element of Crimes against Humanity
Information
Leiden Journal of International Law , Volume 23 , Issue 4 , December 2010 , pp. 825 - 826
Copyright
Copyright © Foundation of the Leiden Journal of International Law 2010

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References

1 See for one of the earlier overviews displaying the chameleonic nature of crimes against humanity Y. Dinstein, ‘Crimes against Humanity after Tadić’, (2000) 13 LJIL 373.

2 The symposium articles immediately following in this journal provide some ‘Impressions from Kampala’.

3 Situation in the Republic of Kenya, Decision Pursuant to Article 15 of the Rome Statute on the Authorization of an Investigation into the Situation in the Republic of Kenya, ICC-01/09, 31 March 2010.

4 Available at http://law.wustl.edu/crimesagainsthumanity/.