Legal Brief on the Question of the Existence of the Context Element of Crimes against Humanity with Regard to the Events in Chile between 17 and 28 October 2019 as Described in the Acusación Constitucional of 30 October 2019

2019 ◽  
Author(s):  
Kai Ambos
Keyword(s):  
Crimes Against Humanity ◽  
Context Element

Two Kinds of Wrong: On the Context Element of Crimes against Humanity

2009 ◽  
Vol 22 (3) ◽  
pp. 525-541 ◽  
Author(s):  
STEFAN KIRSCH
Keyword(s):  
International Law ◽  
Rome Statute ◽  
Foreign Country ◽  
Crimes Against Humanity ◽  
Civilian Population ◽  
International Jurisdiction ◽  
International Crimes ◽  
International Military Tribunal ◽  
Military Tribunal ◽  
Context Element

AbstractIt can be shown that – as with the tie between crimes against humanity and the perpetration of other international crimes in the Charter of the International Military Tribunal in Nuremberg – the context element of the crimes against humanity as set out in the Rome Statute is based on the international law principle of non-interference in the affairs of a foreign country, and only serves to justify ‘international’ jurisdiction in respect of crimes which are typically already punishable pursuant to the lex loci commissii. As a consequence, the feature of a ‘widespread or systematic attack directed against any civilian population’ is not an aggravating circumstance in respect of the material facts of the case that define the wrong of the act (Unrecht) or the offender's blameworthiness (Schuld), but a jurisdictional element which is a mere precondition for prosecution only.

Crimes Against Humanity

2017 ◽  
Author(s):  
Marina Lostal ◽  
Emilie Hunter
Keyword(s):  
Crimes Against Humanity

Individual Criminal Responsibility in International Human Rights Law: The Contribution of the International Criminal Court

1970 ◽  
Vol 1 ◽  
Author(s):  
Justin Mohammed
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Added Value ◽  
Crimes Against Humanity ◽  
International Human Rights Law ◽  
The Road ◽  
Individual Criminal Responsibility

The road to developing an international institutional capacity to prosecute crimes against humanity, war crimes, and genocide has been a long one, and has in many ways concluded with the establishment of the International Criminal Court (ICC). By looking at the Nuremberg and Tokyo Tribunals, the International Criminal Tribunal for Rwanda (ICTR) and International Criminal Tribunal for the Former Yugoslavia (ICTY), as well as the ICC, this paper traces the evolution of the concept of individual criminal responsibility to its present incarnation. It argues that while the ICC presents its own unique ‘added value’ to the prosecution of international criminals, its application of justice continues to be biased by the influence of powerful states.

Eco-Struggles

2017 ◽  
Author(s):  
Matthew Gillett
Keyword(s):  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
Environmental Harm ◽  
Jus Post Bellum

This chapter examines the provisions of international criminal law applicable to serious environmental harm, particularly during non-international armed conflicts ('NIAC'). After describing incidents of serious environmental harm arising in armed conflicts, the analysis surveys the provisions of international criminal law applicable to environmental harm during NIACs, including war crimes, crimes against humanity, genocide, and aggression. It then examines the basis for extending to NIACs the protection against military attacks causing excessive environmental harm (set out in Art. 8(2)(b)(iv) of the Rome Statute), which is currently only applicable in IACs. The examination of this possible amendment of the Rome Statute covers a broad range of instruments and laws forming part of international and national legal codes, all addressing grave environmental harm. Finally, the analysis turns to accountability for environmental harm as a facet of jus post bellum, emphasizing the interconnected nature of environmental harm and cycles of violence and atrocities.

Civilization, Religion, Peaceful and Non-Peaceful Change in Asia

2020 ◽  
Author(s):  
Victoria Tin-bor Hui
Keyword(s):  
Sri Lanka ◽  
Crimes Against Humanity ◽  
Communal Violence ◽  
Fertile Ground

This chapter seeks to reconcile the seemingly pacifist nature of Eastern religions and civilizations and the reality of terrorism, communal violence, crimes against humanity, and genocide in Asia. All religions promote peaceful change but justify violent change. All civilizations have Gandhi-like advocates for peaceful change but also leaders who agitate for violent change. Civilizational plurality and canonical ambiguity have paradoxically provided a fertile ground for the reduction of complex identities, which are more amenable to peaceful change, into singular ones, which are more prone to civilizational clashes. The weakness of inclusive institutions has further incentivized the politicization of religion. While singular ethnonational identities are constructed and can theoretically be deconstructed, they have tended to become hardened. The chapter anchors the analysis with Islam in Afghanistan and Indonesia; Hinduism in India; Buddhism in Myanmar, Sri Lanka, and Tibet; and Confucianism in China. It concludes that the rise of self-proclaimed civilization-states in recent years does not bode well for peaceful change.

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