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The Church Abuse Scandal: Were Crimes Against Humanity Committed?


Dermot Groome


Office of the Prosecutor, ICTY; Pennsylvania State University - Dickinson School of Law

August 15, 2010

Chicago Journal of International Law, Forthcoming
The Pennsylvania State University Legal Studies Research Paper No. 33-2010

Abstract:     
Increasingly shocking revelations about sexual abuse by members of Catholic religious congregations and diocesan priests have recently raised the question of whether such widespread abuses constitute crimes against humanity. This paper considers that question in the context of a report issued by the Ryan Commission, an independent quasi-judicial commission that spent 10 years conducting detailed investigations into childcare institutions operated by Catholic religious congregations in Ireland. The Ryan Commission’s findings with respect to both widespread physical and sexual abuse provide a factual basis upon which to consider whether crimes against humanity were in fact committed. Contrasting the intentionality of behind excessive physical violence with the recklessness of allowing known pedophiles access to children highlights an important definitional requirement of crimes against humanity, that such not only be widespread and systematic – which both clearly are – but that such be in the context of an attack directed against a civilian population. While the systematic use of excessive corporal punishment to control children committed to industrial schools constitutes an attack upon them, the systematic cover-up of sexual abuse to prevent public scandal thereby causing widespread sexual abuse raises the question of whether an ‘attack’ on a civilian population can be the result of criminal recklessness.

The atypical characteristics of the perpetrator, victim and non-conflict context of these crimes also contributes to the debate on two unresolved issues in international law. First, the role of a “state policy” underlying an attack and whether the existence of one is a definitional requirement or simply an evidential consideration. Second, whether a culpable omission forming the basis of international criminal responsibility can be based on non-criminal legal duties.

Number of Pages in PDF File: 70

Keywords: Vatican, Sex Abuse, Church Abuse, Crimes Against Humanity, Catholic Church

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Date posted: September 17, 2010 ; Last revised: November 17, 2010

Suggested Citation

Groome, Dermot, The Church Abuse Scandal: Were Crimes Against Humanity Committed? (August 15, 2010). Chicago Journal of International Law, Forthcoming; The Pennsylvania State University Legal Studies Research Paper No. 33-2010. Available at SSRN: http://ssrn.com/abstract=1677898

Contact Information

Dermot Groome (Contact Author)
Office of the Prosecutor, ICTY ( email )
P.O. Box 13888
The Hague, Zuid-Holland 2501 EW
Netherlands
HOME PAGE: http://www.icty.org
Pennsylvania State University - Dickinson School of Law ( email )
113 Beam Building
University Park, PA 16802
United States
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