Abstract

http://ssrn.com/abstract=1993173
 


 



Crimes Against Humanity at the Extraordinary Chambers in the Courts of Cambodia: Is a Connection with Armed Conflict Required?


Stuart Ford


The John Marshall Law School

January 1, 2006

UCLA Pacific Basin Law Journal, Vol. 25, p. 125, 2007

Abstract:     
This article traces the development of crimes against humanity from the late 19th century up to the creation of the Rome Statute in 1998. In particular, it tries to determine when the jurisdictional requirement of a nexus with an armed conflict disappeared from the customary international law definition of crimes against humanity. It does this through a close look at the practice of states with respect to crimes against humanity, particularly in the period between the International Military Tribunal at Nuremberg in 1946 and the establishment of the International Criminal Tribunal for the former Yugoslavia in 1993. Ultimately, it concludes that a general practice among states coalesced around a definition of crimes against humanity that did not require a nexus with an armed conflict sometime between 1968 and 1984. Unfortunately, the paucity of state practice with regards to crimes against humanity during the Cold War makes it impossible to pin down the date of the change more exactly.

Number of Pages in PDF File: 76

Keywords: custom, customary international law, opinio juris, practice, crimes against humanity, Martens Clause, Cambodia, armed conflict, ECCC, Khmer Rouge

JEL Classification: K14, K33

Accepted Paper Series





Download This Paper

Date posted: January 29, 2012  

Suggested Citation

Ford, Stuart, Crimes Against Humanity at the Extraordinary Chambers in the Courts of Cambodia: Is a Connection with Armed Conflict Required? (January 1, 2006). UCLA Pacific Basin Law Journal, Vol. 25, p. 125, 2007. Available at SSRN: http://ssrn.com/abstract=1993173

Contact Information

Stuart Ford (Contact Author)
The John Marshall Law School ( email )
315 South Plymouth Court
Chicago, IL 60604
United States
HOME PAGE: http://www.jmls.edu/directory/profiles/ford-stuart/
Feedback to SSRN


Paper statistics
Abstract Views: 517
Downloads: 68
Download Rank: 202,648

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 1.188 seconds