2 Crimes Against Humanity Under General International Law

This chapter discusses crimes against humanity under international law. Crimes against humanity were first introduced at Nuremberg as a means of criminalizing three sorts of criminality that so far had evaded the sanction of international law: atrocities committed outside the context of an armed conflict or independent of it; crimes committed against fellow nationals or nationals of allied nations; and institutionalized discriminatory violence that resulted in individuals being targeted and mistreated by a state because of their identity. Crimes against humanity seek to protect core attributes of all human beings: their dignity; their humanity; and their fundamental human rights. The notion of crimes against humanity reflects the fact that the protection of those interests and the punishment of serious violations of these interests is a matter of universal concern. It also makes it clear that the protection arising from international law does not depend on the nationality of the victim or his membership in a group, nor on his or relationship to the perpetrator. Instead, it is the sheer humanity of the victim that warrants and justifies the criminalization of such acts. And whilst the notion of genocide and crimes against humanity overlap in part in their efforts to protect these core values, unlike genocide, crimes against humanity seek to protect individuals as such, rather than groups of individuals. The chapter then looks at the relationship between crimes against humanity and other international crimes as well as the process of defining crimes against humanity.

Organizing Rebellion

10.1093/oso/9780198821946.001.0001 ◽

2018 ◽

Cited By ~ 3

Author(s):

Tilman Rodenhäuser

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

Crimes Against Humanity ◽

Humanitarian Law ◽

Armed Groups ◽

Contemporary Debate ◽

International Crimes ◽

Control Part

This book identifies the degree of organization required from non-state armed groups (i) to become party to an armed conflict and thereby bound by applicable international humanitarian law; (ii) to have possible human rights obligations; and (iii) to create a context in which international crimes can be committed. Part I identifies three principal criteria that any party to a non-international armed conflict—including decentrally organized armed groups, transnational groups, or cyber groups—must meet: it must be a collective entity with sufficient capabilities to engage in hostilities and the ability to ensure respect for basic humanitarian norms. Part II conceptualizes contemporary debate and international practice on the question of whether armed groups have human rights obligations. It suggests that the sources and scope of potential human rights obligations of armed groups are understood best on a spectrum, with consideration given to three categories: groups exercising quasi-governmental authority; groups exercising de facto control over territory and population; and groups exercising no territorial control. Part III examines the requisite degree of organization of armed groups to create contexts in which crimes against humanity or genocide can be committed. It argues that the degree of power and organization of groups behind these crimes depends on whether the group instigates or actually commits the crimes. In sum, this book shows that the requisite degree of organization of armed groups to have obligations under different fields of international law cannot be determined in the abstract. It depends on the specificities of each field of law and the circumstances of each case.

Human Rights in War: On the Entangled Foundations of the 1949 Geneva Conventions

The American Journal of International Law ◽

10.1017/ajil.2018.84 ◽

2018 ◽

Vol 112 (4) ◽

pp. 553-582 ◽

Cited By ~ 2

Author(s):

Boyd van Dijk

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

Humanitarian Law ◽

Geneva Conventions ◽

History Of ◽

History Of International Law ◽

The 1960S ◽

The Relationship ◽

Cross Fertilization

AbstractThe relationship between human rights and humanitarian law is one of the most contentious topics in the history of international law. Most scholars studying their foundations argue that these two fields of law developed separately until the 1960s. This article, by contrast, reveals a much earlier cross-fertilization between these disciplines. It shows how “human rights thinking” played a critical generative role in transforming humanitarian law, thereby creating important legacies for today's understandings of international law in armed conflict.

14. The law of armed conflict

International Law ◽

10.1093/he/9780198828723.003.0014 ◽

2019 ◽

pp. 279-302

Author(s):

Anders Henriksen

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

Military Operations ◽

Basic Principles ◽

Law Of Armed Conflict ◽

This chapter examines those parts of international law that regulate how military operations must be conducted—jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7. deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

14. The law of armed conflict

International Law ◽

10.1093/he/9780198753018.003.0014 ◽

2017 ◽

Author(s):

Anders Henriksen

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

Military Operations ◽

Basic Principles ◽

Law Of Armed Conflict ◽

This chapter examines those parts of international law that regulate how military operations must be conducted — jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies. Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 deals with the issue of regulation of non-international armed conflict. Finally, Section 14.7 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

Democracy and development

European Review ◽

10.1017/s1062798700003975 ◽

1999 ◽

Vol 7 (2) ◽

pp. 183-189

Author(s):

Rüdiger Wolfrum

Keyword(s):

Human Rights ◽

International Law ◽

Human Dignity ◽

Human Beings ◽

International Human Rights ◽

International Human ◽

Democratic Elections ◽

Relationship Of ◽

The discussion on the relationship of democracy and development has only become meaningful after being freed from a purely dogmatic approach. International law, in particular international human rights instruments, commit States' Parties to establish and sustain a government based upon democratic elections and which is politically accountable. Development requires a policy towards achieving conditions where human beings can enjoy freedom from want and fear. Both policies, on democratization and development, are meant to achieve conditions in which human dignity is fully respected and they are therefore mutually reinforcing.

Thoughts on the relationship between International Humanitarian Law and Refugee Law, their promotion and dissemination

International Review of the Red Cross ◽

10.1017/s0020860400074131 ◽

1988 ◽

Vol 28 (265) ◽

pp. 367-378

Author(s):

Jovića Patrnogic

Keyword(s):

Human Rights ◽

International Law ◽

20Th Century ◽

Armed Conflicts ◽

Humanitarian Law ◽

Human Beings ◽

Refugee Law ◽

From the beginning of the 20th century up to the present, international law has been marked by a profound evolution: it has been progressively humanized. Those responsible for drafting international law have clearly understood that it could no longer disregard the fate of human beings and leave to States and their internal laws the protection of fundamental human rights, both in peacetime and during armed conflicts.

Human Rights and Protocol II

International Review of the Red Cross ◽

10.1017/s0020860400069321 ◽

1983 ◽

Vol 23 (236) ◽

pp. 246-254 ◽

Cited By ~ 3

Author(s):

Sylvie Junod

Keyword(s):

Human Rights ◽

United Nations ◽

International Law ◽

Armed Conflict ◽

Armed Conflicts ◽

Humanitarian Law ◽

Human Beings ◽

The United Nations

Human rights, particularly civil and political, have influenced the latest developments in international humanitarian law, especially 1977 Protocol II relating to non-international armed conflicts. At the Teheran Conference in 1968 the United Nations began to reconcile these two branches of international law; it was at this Conference that international humanitarian law was first called “human rights in periods of armed conflict”. This rapprochement was helped further by the adoption in the 1977 Protocols of some basic rules identical to those in the Human Rights Conventions; it helps strengthen the protection of human beings in situations of armed conflict.

The European Court of Human Rights as a Pathway to Impunity for International Crimes ◽

PART III: The European Court of Human Rights’ Reluctance to Classify European Convention Violations as International Crimes Even When Those Violations Likely Constitute ‘War Crimes’ or ‘Crimes Against Humanity in Times of Armed Conflict’

10.1007/978-3-642-10799-3_3 ◽

2010 ◽

pp. 207-273

Author(s):

Sonja C. Grover

Keyword(s):

Human Rights ◽

Armed Conflict ◽

War Crimes ◽

European Convention ◽

Crimes Against Humanity ◽

International Crimes ◽

European Court

14. The law of armed conflict

10.1093/he/9780198869399.003.0014 ◽

2021 ◽

pp. 273-295

Author(s):

Anders Henriksen

Keyword(s):

Human Rights ◽

International Law ◽

Armed Conflict ◽

Humanitarian Law ◽

Human Rights Law ◽

Military Operations ◽

Basic Principles ◽

Law Of Armed Conflict ◽

This chapter examines those parts of international law that regulate how military operations must be conducted jus in bello. It begins in Section 14.2 with an overview of the most important legal sources. Section 14.3 discusses when humanitarian law applies and Section 14.4 examines the issue of battlefield status and the distinction between combatants and civilians. Section 14.5 provides an overview of some of the most basic principles governing the conduct of hostilities while Section 14.6 concerns belligerent occupation and Section 14.7 deals with the regulation of non-international armed conflict. Finally, Section 14.8 explores the relationship between international humanitarian law and human rights law in times of armed conflict.

Namibia and Blanket Amnesties: Challenging the Namibian Blanket Amnesties on the basis of International Law in the Namibian Courts

Comparative and International Law Journal of Southern Africa ◽

10.25159/2522-3062/7317 ◽

2020 ◽

Vol 53 (2) ◽

Author(s):

Atilla Kisla

Keyword(s):

Human Rights ◽

International Law ◽

Truth And Reconciliation Commission ◽

International Standards ◽

Crimes Against Humanity ◽

Human Rights Violations ◽

Political Rights ◽

Truth And Reconciliation ◽

International Crimes ◽

Before And After

Amnesty laws issued by Administrator General Pienaar in 1989 and 1990 still show their effect by preventing prosecutions and investigations of situations that occurred before Namibia’s independence. Unlike South Africa, Namibia did not establish a truth-finding body such as the Truth and Reconciliation Commission. The result is a situation of silence, oblivion and impunity without any kind of accountability. On this basis, crimes such as international crimes or serious human rights violations have never been prosecuted or even investigated. As this article argues, the amnesty laws from 1989 and 1990 qualify as blanket amnesties. Up until today, Namibians as well as the members of the South African Defence Force benefit from those amnesties. Against this backdrop, the question of whether the Namibian blanket amnesties apply in relation to international crimes and grave human rights violations will be addressed. This article argues that based on international law, the application of the Namibian blanket amnesties can be challenged in a potential criminal case that deals with international crimes or grave human rights violations in the Namibian courts. Therefore, this article illustrates how international law applies in the Namibian legal system. In this context, Namibia follows a monist approach which makes it quite receptive of international law and international standards. On this basis, this article points out binding international law at the time before and after Namibia’s independence as well as examining Namibia’s binding treaty obligations which arise under the Geneva Conventions, Torture Convention and the International Covenant on Civil and Political Rights. In the next section, an examination of domestic and international jurisprudence lays the foundation for the argument that the Namibian blanket amnesties can be challenged in a Namibian court when the crimes in question constitute international crimes, such as crimes against humanity or war crimes.