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

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

76 Pages Posted: 29 Jan 2012  

Stuart Ford

The John Marshall Law School

Date Written: January 1, 2006

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.

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

JEL Classification: K14, K33

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: https://ssrn.com/abstract=1993173

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/

Paper statistics

Downloads
104
Rank
214,229
Abstract Views
651