Front cover image for Crimes against humanity in international criminal law

Crimes against humanity in international criminal law

"In this revised edition, Professor Bassiouni persuasively established the legal validity of the Nuremberg Charter and describes the evolution of 'crimes against humanity' from 1945 to the 1988 ICC Statute. The book's comprehensive historical and legal analysis starts with the origins of that crime in the international regulation of armed conflicts and covers the Nuremberg, Tokyo and Allied Prosecutions after World War II, subsequent national prosecutions, as well as the Statutes of the ICTY, ICTR and their jurisprudence, and the Statute of the ICC. The Nuremberg Charter first established 'crimes against humanity' in positive international criminal law, but it raised lingering legal issues. This book examines the then different international legal formulations which were developed, particularly with their overlap with genocide and war crimes, and sorts out the confusion regarding the legal characteristics of that crime. The meticulous and thorough analysis of all relevant legal issues, many of which are not covered elsewhere includes: principles of legality, criminal responsibility for decisionmakers and others, command responsibility, obedience to superior orders and other defences, specific contents and their counterpart in national laws, policy considerations, and the applicability of this crime to non-State actors. The wealth of information and detailed discussion of international and national prosecutions and their failures make a compelling case for more effective enforcement in the future. The author brings to this book well-known scholarship, and unique practical experiences as Chairman of the U.N. Commission that investigated these crimes in the former Yugoslavia, and as Chairman of the ICC's Drafting Committee at Rome. The breadth and depth of this exhaustively documented book makes it the definitive authority on 'crimes against humanity'"--Unedited summary from book cover
Print Book, English, ©1999
2nd rev. ed View all formats and editions
Kluwer Law International, The Hague, ©1999