Crimes against Humanity
Historical Evolution and Contemporary Application
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- Author: M. Cherif Bassiouni, DePaul University, Chicago
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This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals, and the International Criminal Court. This includes both a normative and jurisprudential assessment as well as a review of doctrinal material commenting on all of the above. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010. The book constitutes a unique and comprehensive treatment of all legal and historical aspects pertaining to crimes against humanity in a single definitive volume.Read more
- Constitutes a comprehensive treatment of all legal and historical aspects pertaining to crimes against humanity
- Presents those interested in the field with everything they would need to know about CAH in one volume
- For the first time, a list of all the countries that have enacted national legislation specifically directed at CAH is collected
Reviews & endorsements
"The book constitutes a unique and comprehensive treatment of all legal and historical aspects pertaining to crimes against humanity in a single definitive volume."
- Jacob Katz Cogan, International Law Reporter
16th Jun 2015 by RustamAtadjanov
The much-needed comprehensive volume by M. Cherif Bassiouni is an outstanding landmark account of an uneven evolution of the legal concept of crimes against humanity or CAH, as the author abbreviated it, from the beginning of the twentieth century till the present day. Despite the abundant scholarly literature on the subject, Bassiounis exhaustive work is the first-ever in that the issues under consideration are covered from various perspectives using different approaches – legal, historical, social, philosophical, comparative, phenomenological and even psychological ones, thus making this book much more than a simply updated version of the previous editions of his renowned treatise Crimes Against Humanity in International Law. He is also expanding from a more substantive approach in his previous well-known work of 1992 on crimes against humanity in international criminal law. As the author notes himself, the volume includes all of the jurisprudential developments of CAH – from the post-World War II proceedings to the ICTY, ICTR and ICC, as well as the hybrid tribunals and relevant national prosecutions. Throughout the text, the key idea the author promotes and reinforces is: there is a clear need for adopting a single universal codifying instrument to prevent and punish CAH, which is supported by facts, and the time has arrived to fulfill this need. He is also providing some realistic reasoning and explanations on the draft text of such a Convention which is included into Sadats edited work Bassiouni is the original drafts author, in particular, on the proposed definition of CAH and dangers an alternative vision would pose for the development of international criminal law. The author further promotes the idea in favor of establishing a group criminal responsibility which is not entrenched in the Rome Statute arguing that such an approach to international criminal responsibility would enhance prevention, deterrence and suppression. Importantly, the volumes comprehensive world survey of national legislations and prosecutions of CAH and CAH-type crimes, referred to above, is also the first one of its kind. M. Cherif Bassiounis authored treatise will serve as an extremely useful academic tool and authoritative reference for those interested in obtaining a comprehensive knowledge on the subject, and in such capacity, this tool is an exceptional source for reflection and inspiration for students and scholars.
Review was not posted due to profanity×
- Date Published: May 2011
- format: Adobe eBook Reader
- isbn: 9781139065566
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
1. Legal nature
2. Phenomenological considerations
3. Emergence in positive international law
4. Post-charter developments
5. The principles of legality in the London charter and post-charter developments
6. Specific contents
7. Ratione personae and elements of criminal responsibility
8. Defenses and exonerations
9. A survey of national legislation and prosecutions for international crimes and crimes against humanity
10. Concluding assessment.
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