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Defining Crimes Against Humanity in the Rome Statute of the International Criminal Court

By Phylilis Hwang

Abstract

In Part I, this Article surveys the evolution of crimes against humanity. This part reviews interpretations of crimes against humanity by post-World War II tribunals, national courts, and the International Law Commission ( ILC ). Part II examines the formulation of crimes against humanity in the statutes that established the International Criminal Tribunals for the former Yugoslavia ( ICTY ) and the International Criminal Tribunal for Rwanda ( ICTR ). It also looks at how the reports issued in connection with the ICTY statute and the case law from the ICTY dealt with crimes against humanity. Part III draws some preliminary conclusions regarding the status of crimes against humanity in international law in the period directly preceding the Rome Conference and analyzes the relative authority of the various sources of law discussed in Parts I and II. In Part IV, this Article surveys the issues raised by government delegates regarding crimes against humanity during the negotiations on the draft statute for an ICC from 1994 to 1998. Finally, Part V examines the debates on crimes against humanity that took place during the Rome Conference and analyzes the definition of crimes against humanity adopted in the Rome Statute

Topics: International Law, Law
Publisher: FLASH: The Fordham Law Archive of Scholarship and History
Year: 1998
OAI identifier: oai:ir.lawnet.fordham.edu:ilj-1594
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