Legal Brief on the Question of the Existence of the Context Element of Crimes against Humanity with Regard to the Events in Chile between 17 and 28 October 2019 as Described in the Acusación Constitucional of 30 October 2019

39 Pages Posted: 5 Aug 2020

See all articles by Kai Ambos

Kai Ambos

University of Goettingen (Gottingen)

Date Written: November 25, 2019

Abstract

The context element in Crimes against Humanity (‘CaH’) requires a systematic or widespread attack against “any” civilian population pursuant to a policy of a collective entity, especially a State, with knowledge of the attack (infra II.2.). The Chilean Law 20.352 is, on the one hand, clearer than Article 7 of the Rome Statute of the Interna-tional Criminal Court (‘ICC Statute’) in that it explicitly refers the said policy to the attack as a whole, be it widespread or systematic (II.1.). On the other hand, however, it dilutes the policy requirement by linking it to mere State agents (as opposed to the State itself); this calls for a restrictive interpretation in light of International Criminal Law (‘ICL’) (thereto II.2.4.(a)).

Keywords: legal brief, chile, crimes against humanity, international law, international criminal law

Suggested Citation

Ambos, Kai, Legal Brief on the Question of the Existence of the Context Element of Crimes against Humanity with Regard to the Events in Chile between 17 and 28 October 2019 as Described in the Acusación Constitucional of 30 October 2019 (November 25, 2019). Available at SSRN: https://ssrn.com/abstract=3493734 or http://dx.doi.org/10.2139/ssrn.3493734

Kai Ambos (Contact Author)

University of Goettingen (Gottingen) ( email )

Platz der Göttinger Sieben 5
Göttingen, 37073
Germany

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