Crimes Against Humanity and the Armed Conflict Nexus: From Nuremberg to the ICC

12 Pages Posted: 5 Dec 2013

See all articles by Hirad Abtahi

Hirad Abtahi

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS)

Date Written: December 4, 2013

Abstract

This study charts the development of the concept of crimes against humanity from the “golden age” of jus in bello into a “golden age” of international criminal justice. In the past two decades, the concept of crimes against humanity has evolved in the legislative and jurisprudential sphere, in that it is no longer shackled to the jus in bello framework. This study will first briefly consider crimes against humanity’s armed conflict nexus during the Golden Age of jus in bello in order to accurately appreciate the subsequent work of practitioners on these crimes. The study then analyses some potential reasons behind the erosion – and yet often perceived presence – of the armed conflict nexus, using the ICC as a case study.

Keywords: Armed conflict, armed conflict nexus, crimes against humanity, cumulative charges, cumulative charging, ICC, ICTR, ICTY, IMT, International Criminal Court, international criminal justice, International Criminal Tribunal for Rwanda, International Criminal Tribunal Yugoslavia, jus in bello

Suggested Citation

Abtahi, Hirad, Crimes Against Humanity and the Armed Conflict Nexus: From Nuremberg to the ICC (December 4, 2013). ESIL 2013 5th Research Forum: International Law as a Profession Conference Paper No. 1/2013. Available at SSRN: https://ssrn.com/abstract=2363608 or http://dx.doi.org/10.2139/ssrn.2363608

Hirad Abtahi (Contact Author)

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

Villa La Fonte, via delle Fontanelle 18
50016 San Domenico di Fiesole
Florence, Florence 50014
Italy

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