Abstract

http://ssrn.com/abstract=2013254
 


 



Crimes Against Humanity in the Modern Age


Leila N. Sadat


Washington University in Saint Louis - School of Law

February 29, 2012

108 American Journal of international Law ---- (2013)
Washington University in St. Louis Legal Studies Research Paper No. 11-11-04

Abstract:     
This Article demonstrates the central importance of Crimes Against Humanity (CAH) prosecutions at the ad hoc international criminal tribunals and in the International Criminal Court (ICC). It represents the first comprehensive and empirical assessment of what CAH charges accomplish as a matter of observable practice. This empirical analysis informs the construction of a new theory of CAH in modern international criminal law. The Article analyzes the early jurisprudence of the ICC and challenges the conventional wisdom that CAH must be interpreted unduly restrictively, with reference to Nuremberg in mind. Instead, CAH at the world’s first permanent international criminal court must emerge from the shadow of Nuremberg -- as the framers of the Statute intended it to do -- and continue to develop as a contemporary response to widespread or systematic human rights violations against civilian populations. Opinions in the Court’s early case law unduly restricting the scope and application of CAH or proposing a return to the Nuremberg paradigm may have the effect of limiting the effectiveness of CAH charges at the ICC. This could render CAH at the ICC, like genocide at the ICTY, impotent not only as a basis for the post hoc punishment of offenders, but in terms of prevention and deterrence. The Article critiques this jurisprudence with a view towards developing a theory of CAH at the ICC that not only respects State sovereignty, but implements its mandate to prevent and punish “unimaginable atrocities that deeply shock the conscience of humanity.”

Number of Pages in PDF File: 94

Keywords: Crimes Against Humanity, International Criminal Court, Empirical Research, International Justice, International Criminal Law, Genocide, Nuremberg, Atrocity Crimes, Prevention and Punishment, International Law, ad hoc International Criminal Tribunals

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Date posted: March 1, 2012 ; Last revised: May 4, 2013

Suggested Citation

Sadat, Leila N., Crimes Against Humanity in the Modern Age (February 29, 2012). 108 American Journal of international Law ---- (2013); Washington University in St. Louis Legal Studies Research Paper No. 11-11-04. Available at SSRN: http://ssrn.com/abstract=2013254 or http://dx.doi.org/10.2139/ssrn.2013254

Contact Information

Leila N. Sadat (Contact Author)
Washington University in Saint Louis - School of Law ( email )
Campus Box 1120
St. Louis, MO 63130
United States
314-935-6411 (Phone)
314-935-5356 (Fax)
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