The ECCC’s Contribution to Substantive ICL: The Notion of ‘Civilian Population’ in the Context of Crimes Against Humanity
Journal of Criminal Justice, June 2020, p. 1-12
Posted: 19 Aug 2020
Date Written: June 08, 2020
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 be radically restricted by way of a teleological (purpose-based) interpretation or — even better — abolished in future CAH provisions. While the traditional International Humanitarian Law approach certainly needs to be adjusted with regard to CAH, such an adjustment does not resolve the considerable limitation of the protective scope of CAH due to the ‘civilian population’ requirement. The contribution of the Extraordinary Chambers in the Courts of Cambodia to the debate is to be welcomed and serves as a useful starting point for the more radical interpretation and necessary reform of CAH.
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