Crimes Against Humanity in International Criminal Law : : Second Revised Edition.

• Author: Bassiouni, M. Cherif.
• Place / Publishing House: Boston : : BRILL,, 1999.; ©1999.
• Year of Publication: 1999
• Edition: 2nd ed.
• Language: English
• Physical Description: 1 online resource (652 pages)

Table of Contents

Intro -- Title Page -- Copyright Page -- Table of Contents -- Preface -- Acknowledgments -- Introduction -- Table of Abbreviations -- Chapter 1 Emergence in Positive International Criminal Law -- Introduction -- The Making of the Charter: Law and Policy Considerations -- The Legislative History of Article 6(c) -- Formulations Arising as a Result of the Charter -- Conclusion -- Chapter 2 Sources: The Law of Armed Conflicts -- Introduction -- Historical Evolution -- Crimes Against Humanity" as an Outgrowth of War Crimes -- The Connection Between War Crimes and "Crimes Against Humanity -- Affirmation of the New Custom -- Conclusion -- Chapter 3 Threshold Issues of Legal Philosophy -- Introduction -- Historical Perspective -- Philosophical Underpinnings -- The Philosophy of International Law and the Law of the Charter -- The Charter's Dilemma: Between Law and Morality -- Pragmatism Prevails -- Chapter 4 Principles of Legality and the Law of the Charter -- Introduction -- Principles of Legality in the World's Major Criminal Justice Systems -- Principles of Legality in International Criminal Law -- The Charter and the Post-World War II Prosecution's Treatment of the Question -- Assessing the Arguments of Legality in the Law of the Charter -- Post-Charter Legal Developments -- Post-Charter Enunciations -- Chapter 5 Post-Charter Legal Developments -- Introduction -- Substantive Developments -- Codification of "Crimes Against Humanity:" The Work of the ILC -- The Statutes of the ICTY and ICTR: The Security Council's Formulations -- The ICC Statute: The Latest Development -- Other Normative Proscriptions Applicable to the Same Protected Interests -- 1948 Genocide Convention -- 1949 Geneva Conventions and 1977 Protocols -- 1973 Apartheid Convention -- 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Human Rights Instruments -- Assessment -- Crimes Against Humanity" as Part of Jus Cogens -- Procedural Developments -- Aut Dedere Aut Judicare -- The Post-Charter Duty to Prosecute or Extradite -- Nonapplicability of Statutes of Limitation -- Universal Jurisdiction -- Conclusion -- Chapter 6 The International or Jurisdictional Element -- Introduction -- The Relevance of the International or Jurisdictional Element of "State Action or Policy" for State Actors and "Policy" for Non-State Actors -- The Policy Connection Between Individual Conduct and "State Action or Policy -- The Policy of International Criminalization -- Characteristics of the International or Jurisdiction Element -- 1. The Specific Crimes are Committed as Part of "State Action or Policy -- 2. The Policy is Based on Discrimination-Persecution Against an Identifiable Group of Persons -- 3. The Acts Committed are International Crimes, or Crimes in the National Criminal Laws of that State if it were not for the Policy of Discrimination and Persecution -- 4. The Acts are Committed by State Officials or Their Agents in Furtherance of that State's Discriminatory-Persecutional Action or Policy -- 5. The Acts Committed are Connected to War -- Imputability of Individual Conduct to the Responsibility of the State -- The Policy Requirement for Non-State Actors -- Conclusion -- Chapter 7 The Method of Identifying Specific Contents and the Contents of the Specific Crimes Formulated in the Charter and in Subsequent Formulations -- Introduction to the Legal Bases -- General Principles of Law:" Meaning, Method and Function -- Identifying the Specific Crimes Contained in the Four Primary Formulations of "Crimes Against Humanity:" Article 6(c) of the London Charter, Article 5 of the ICTY Statute, Article 3 of the ICTR Statute and Article 7 of the ICC Statute.

The "Nuremberg Phase" - Article 6(c) of the London Charter -- The World's Major Legal Systems -- Identifying Legal Principles -- Correlation Between the Sources of Law to be Consulted and the Principle Sought to be Identified -- Murder and Extermination -- Enslavement -- Deportation -- Persecution -- Other Inhumane Acts -- Torture -- Unlawful Human Experimentation -- Rape and Sexual Violence -- The "Security Council Phase" - Article 5 of the ICTY Statute and Article 3 of the ICTR Statute -- Imprisonment -- The "Universally Negotiated Phase" - Article 7 of the ICC Statute -- Enforced Disappearance of Persons -- Apartheid -- Conclusion -- Chapter 8 Ratione Personae and Elements of Criminal Responsibility -- Introduction -- International Criminal Responsibility of Individuals -- Doctrinal Differences in International Law and National Criminal Law Related to Individual, Group, and State Responsibility: General Considerations -- Responsibility for the Conduct of Another and Group Responsibility in the Law of the IMT, IMTFE and CCL 10 -- Criminal Responsibility and the "General Part -- National Legal Standards and Their Relevance to ICL -- Problems in Identifying the "General Part" from the Charter to the ICC -- The Application of the "General Part" by the IMT, IMTFE and in Other Proceedings: A Historical Analysis -- Knowledge of the Law and Intent -- Command Responsibility: Policy Considerations -- The Evolution of Command Responsibility in the Regulation of Armed Conflicts -- Civilian Command Responsibility -- Conclusion -- Chapter 9 Defenses and Exonerations -- Introduction -- Obedience to Superior Orders -- Rationale -- Policy Considerations -- Scholarly Views -- The Judgments of Tribunals -- Post-Charter Developments -- Conclusion -- Compulsion -- Reprisals -- Introduction -- Historical Evolution -- Tu Quoque.

Non-Applicability of Reprisals and Tu Quoque to "Crimes Against Humanity -- Immunity of Heads of State -- Conclusion -- Chapter 10 Individual Criminal Responsibility and International Prosecutions -- Introduction -- Pre-World War I -- Post-World War I -- Other Evidence of Individual International Criminal Responsibility Before and After World War I -- Post-World War II: The Charters of Nuremberg and Tokyo -- Post-World War II: Subsequent Proceedings -- National Prosecutions: Post-World War II -- The Security Council's Ad Hoc Tribunals of the 1990's: ICTY and ICTR -- Selective Enforcement -- Conclusion -- Concluding Assessment -- Index.