Crimes Against Humanity

2017 ◽  
Author(s):  
Marina Lostal ◽  
Emilie Hunter
1970 ◽  
Vol 1 ◽  
Author(s):  
Justin Mohammed

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.


Author(s):  
Matthew Gillett

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.


Author(s):  
Victoria Tin-bor Hui

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.


2021 ◽  
pp. 1-13
Author(s):  
Sandrine Sanos

In 1955, Alain Resnais's now canonical documentary, Nuit et Brouillard (Night and Fog) ended with an ominous question, asking “who, among us, is keeping watch from this strange watchtower [of the ruins of Auschwitz] to warn of the arrival of our new executioners” who might bring about the return of the “concentrationary plague?” One man had already made it his mission to do so: the French writer and former political deportee David Rousset. Rousset had shaken the French world of letters and politics with the 1946 publication of L'univers concentrationnaire (The Concentrationary Universe), which warned of the civilizational and moral cesura that the Nazi camps had been. The term quickly became a widely used conceptual framework. Former deportee and Catholic writer Jean Cayrol borrowed from it to write his voice-over to Night and Fog. In 1949, Rousset published another text that created a scandal in Cold War France: an Appeal to “fellow deportees” calling upon them to “investigate the USSR's concentrationary universe” (Kuby, 46). This indictment fiercely divided the French left. In 1950, he brought a libel suit against another former deportee, communist writer Pierre Daix, who had accused him of amnesiac “apoliticism” (Kuby, 65–6; Dean, 61). Just before, in the wake of his Appeal, Rousset had founded an organization against concentrationary regimes with those, like him, who had been political deportees. In 1951, it put the Soviet Union on trial for crimes against humanity. Rousset and his organization were involved in many trials, eager to denounce the “new executioners” who had revived the “scourge of the camps” in the postwar world. For many today, he is an “exceptional” man because, as philosopher and critic Tzvetan Todorov argues, he was not paralyzed by the memory of “this painful experience”; instead, he harnessed it into action against dehumanizing state violence. For Todorov, Rousset had allowed morality to prevail over base political considerations.


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