Forging a Convention for Crimes against Humanity
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- Editor: Leila Nadya Sadat, Washington University, St Louis
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Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.Read more
- Contains the first ever text of a draft convention on crimes against humanity, in English and French
- Contains original papers by pre-eminent scholars on various aspects of the prevention and punishment of crimes against humanity
- Contains the drafting history of the convention
Reviews & endorsements
"The importance of this pioneering book, Forging a Convention for Crimes against Humanity, cannot be overestimated. Crimes against humanity has emerged as the premier legal vehicle for international courts to impose accountability on perpetrators responsible for the most heinous crimes against innocent civilian populations. Through the International Convention mechanism proposed and discussed by a corps of experts in this comprehensive compilation, which chronicles its history in practice as well as crucial issues involving its scope, definition and enforcement, the salutary potential of CAH as an effective protection for threatened victims around the globe could be significantly enhanced."
Patricia M. Wald, Former Judge on the International Criminal Tribunal for the Former YugoslaviaSee more reviews
"There exists an indisputable need for an international convention codifying and developing customary law on crimes against humanity. The editor of this book and all the distinguished contributors must be highly commended for offering a set of thoughtful papers that explore in depth the problems that the drafting of such convention may raise. All these scholars are animated by a keen desire to expand and consolidate international criminal law in an effort to bolster the principle of international accountability for mass atrocities."
Antonio Cassese, University of Florence, and former President of the International Criminal Tribunal for the Former Yugoslavia
"Although the Nuremberg Trials at the end of World War II lay a solid foundation for crimes against humanity and the development of international criminal justice in general, they essentially represented the judgment of the victor over the vanquished. In Forging a Convention for Crimes against Humanity, prominent experts in the field make a powerful case for the adoption of a convention that would articulate and consolidate this most heinous category of crimes. Together with genocide, ethnic cleansing, and war crimes, crimes against humanity are now enshrined in the emerging norm of the Responsibility to Protect. Covering the historical evolution of the initiative, a wide array of substantive dimensions to the categories of the crimes involved, and a draft of the proposed convention, this volume is a monumental contribution to an area of gravest concern to humanity."
Francis M. Deng, Under-Secretary-General and Special Adviser to the UN Secretary-General on the Prevention of Genocide
"The onward march of international criminal law has been dramatic in recent years. What is proposed by the distinguished specialist contributors to this body is a further step of great significance -a comprehensive international convention dealing with crimes against humanity."
Sir Geoffrey Palmer, Former Prime Minister of New Zealand
"I would suggest that the need for a convention on crimes against humanity is an obvious one. Not only will it fill a vacuum in international humanitarian law, but it would enable States and international organizations to adopt appropriate measures aimed at preventing serious crimes against civilian populations. It would be another positive step toward the withdrawal of impunity from war criminals."
Richard Goldstone, Chief Prosecutor of the International Criminal Tribunals for the former Yugoslavia and Rwanda
"In closing, this is an outstanding and thought provoking work that will be an essential reference to academics, legal scholars, practitioners, human rights advocates and those who are engaged in the study and promotion of international criminal law. For international criminal law scholars especially, it will continue to be an essential tool for years to come."
Hilmi M. Zawati, Journal of International Criminal Justice
16th Jun 2015 by RustamAtadjanov
The book edited by Leila Nadya Sadat focuses on various particular issues that the drafting of a universal document on crimes against humanity may raise. In fact, it does propose such a draft worked-out by Professor Bassiouni, thus providing a platform for future discussions on the matter. The work represents a collection of fifteen papers by distinguished scholars ranging from technical discussions of specific legal issues related with CAH, to broader conceptual topics. Notably, not only a specific gap in international law, i.e., lack of universal codification of crimes against humanity, is being addressed in the volume, with a legal argumentation for filling the lacunae but also important critical aspects relating to the proposed draft text are analyzed by the volumes contributors. Thus, the volumes contributors cast some practical light on future directions of the debate in the process of drafting and adopting the eventual text of the international convention, and propose concrete points for its further improvement. Sadats work also provides a detailed account of the history and current stage of this recently undertaken academic initiative its practical significance is reinforced by the inclusion of the draft proposed text of the CAH convention in English and French for readers attention. The book provides a professional platform for further discussion and guidance for the practitioners and specialists aspiring to contribute to the international criminal legal systems improvement and further crystallization.
Review was not posted due to profanity×
- Date Published: March 2011
- format: Adobe eBook Reader
- isbn: 9781139005821
- contains: 6 b/w illus. 2 maps
- availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
Table of Contents
Foreword - the crimes against humanity initiative
1. Crimes against humanity and the responsibility to protect Gareth Evans
2. History of efforts to codify crimes against humanity: from the charter of Nuremberg to the statute of Rome Roger S. Clark
3. The universal repression of crimes against humanity before national jurisdictions: the need for a treaty-based obligation to prosecute Payam Akhavan
4. Revisiting the architecture of crimes against humanity: almost a century in the making with gaps and ambiguities remaining - the need for a specialized convention M. Cherif Bassiouni
5. The bright red thread: the politics of international criminal law - the West African experience - a case study: operation justice in Sierra Leone David Crane
6. Gender-based crimes against humanity Valerie Oosterveld
7. 'Chapeau elements' of crimes against humanity in the jurisprudence of the United Nations ad hoc tribunals Göran Sluiter
8. The definition of crimes against humanity and the question of a 'policy' element Guénaël Mettraux
9. Ethnic cleansing as euphemism, metaphor, criminology and law John Hagan and Todd J. Haugh
10. Immunities and amnesties Diane Orentlicher
11. Modes of participation Elies van Sliedregt
12. Terrorism and crimes against humanity Michael P. Scharf and Michael A. Newton
13. Crimes against humanity and the international criminal court Kai Ambos
14. Crimes against humanity and the responsibility to protect David Scheffer
15. Re-enforcing enforcement in a specialized convention on crimes against humanity: inter-state cooperation, mutual legal assistance, and the aut dedere aut judicare obligation Laura M. Olson
16. Why the world needs an international convention on crimes against humanity Gregory H. Stanton
Appendice I. International convention on the prevention and punishment of crimes against humanity
Appendice II. Convention internationale pour la prévention et la répression des crimes contre l'humanité
Appendice III. A comprehensive history of the international convention on the prevention and punishment of crimes against humanity.
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