The ECCC’s Contribution to Substantive ICL: The Notion of ‘Civilian Population’ in the Context of Crimes Against Humanity

Forthcoming in Journal of International Criminal Justice, special issue on the legacy of the ECCC

11 Pages Posted: 10 Mar 2020

See all articles by Kai Ambos

Kai Ambos

University of Goettingen (Gottingen)

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Date Written: February 18, 2020

Abstract

In this short essay I will argue that the ‘civilian population’ requirement in Crimes against Humanity (CaH) provisions (e.g. Article 7(1) ICC Statute) must either radically be restricted by way of a teleological (purpose-based) interpretation or – even better – abolished in future CaH provisions. While the traditional International Humanitarian Law (IHL) approach (Section 1) certainly needs to be adjusted with regard to CaH (Section 2), such an adjustment does not resolve the considerable limitation of the protective scope of CaH due to the ‘civilian population’ requirement. The ECCC’s contribution to the debate (Section 3) is to be welcomed and serves as a useful starting point for the more radical interpretation and necessary reform of CaH (Section 4).

Suggested Citation

Ambos, Kai, The ECCC’s Contribution to Substantive ICL: The Notion of ‘Civilian Population’ in the Context of Crimes Against Humanity (February 18, 2020). Forthcoming in Journal of International Criminal Justice, special issue on the legacy of the ECCC, Available at SSRN: https://ssrn.com/abstract=3540192 or http://dx.doi.org/10.2139/ssrn.3540192

Kai Ambos (Contact Author)

University of Goettingen (Gottingen) ( email )

Platz der Göttinger Sieben 5
Göttingen, 37073
Germany

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