Crimes Against Humanity in International Criminal Law

M. Cherif Bassiouni

• 01 augustus 1992
• 9780792317371

Samenvatting:

Exploring the history and evolution of "crimes against humanity", this work analyzes the relevant articles of the London Charter, the Tokyo Charter and Control Council Law No 10. It addresses such issues as principles for legality, command responsibility and obedience to superior orders.



"Crimes against humanity" are normally discussed in the limited context of the Nuremberg trials and in connection with war crimes. This book takes a different approach. As a background to emerging legal issues, the author explores the history and evolution of "crimes against humanity". The author analyzes the very basis for all post-World War II prosecutions for "crimes against humanity" - the London Charter's Article 6(c), the Tokyo Charter's Article 5(c), and Control Council Law No. 10 Article 11(c). He covers in depth such issues as principles of legality, command responsibility, and obedience to superior orders. The author raises significant technical legal issues which the vast literature on the subject has overlooked or treated too lightly. Professor Bassiouni persuasively establishes the legal validity and viability of "crimes against humanity", which is seriously threatened by constant violations and the absence of clear international legal norms. Critical of the ILC's Draft Code of Crimes Against the Peace and Security of Mankind, the author strongly urges the establishment of a specialized convention on "Crimes Against Humanity" that would encompass mass killings and state-sponsored policies of significant human rights violations.