Crimes Against Humanity and the International Criminal Court
FORGING A CONVENTION FOR CRIMES AGAINST HUMANITY, pp. 279-304, L. N. Sadat, ed., Cambridge, 2011
26 Pages Posted: 14 Dec 2011
Date Written: December 14, 2011
This chapter examines the question of the need for a specialized Convention for Crimes against Humanity from the perspective of the existing protection granted by the International Criminal Court (ICC) Statute. The ICC's role in the prevention and prosecution of crimes against humanity is predicated on its normative framework, especially article 7 of the ICC Statute. A critical analysis of this provision and its comparison with the definition in the Proposed International Convention on the Prevention and Punishment of Crimes Against Humanity (Proposed Convention) lies at the heart of this chapter. A second, related issue to be dealt with is the ICC's effective capacity to prevent and prosecute crimes against humanity. This issue touches on one of the fundamental cornerstones of the criminal law: its possible effect of deterrence.
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