Book contents
- Frontmatter
- Contents
- Figures and Maps
- Crimes Against Humanity Initiative: Steering Committee
- Biographies of Contributors
- Foreword
- Preface and Acknowledgments
- Crimes Against Humanity and the Responsibility to Protect
- 1 History of Efforts to Codify Crimes Against Humanity
- 2 The Universal Repression of Crimes Against Humanity before National Jurisdictions
- 3 Revisiting the Architecture of Crimes Against Humanity
- 4 The Bright Red Thread
- 5 Gender-Based Crimes Against Humanity
- 6 “Chapeau Elements” of Crimes Against Humanity in the Jurisprudence of the UN Ad Hoc Tribunals
- 7 The Definition of Crimes Against Humanity and the Question of a “Policy” Element
- 8 Ethnic Cleansing as Euphemism, Metaphor, Criminology, and Law
- 9 Immunities and Amnesties
- 10 Modes of Participation
- 11 Terrorism and Crimes Against Humanity
- 12 Crimes Against Humanity and the International Criminal Court
- 13 Crimes Against Humanity and the Responsibility to Protect
- 14 Re-enforcing Enforcement in a Specialized Convention on Crimes Against Humanity
- 15 Why the World Needs an International Convention on Crimes Against Humanity
- Appendices
- Testimonials and Endorsements
- Index
- References
7 - The Definition of Crimes Against Humanity and the Question of a “Policy” Element
Published online by Cambridge University Press: 01 June 2011
- Frontmatter
- Contents
- Figures and Maps
- Crimes Against Humanity Initiative: Steering Committee
- Biographies of Contributors
- Foreword
- Preface and Acknowledgments
- Crimes Against Humanity and the Responsibility to Protect
- 1 History of Efforts to Codify Crimes Against Humanity
- 2 The Universal Repression of Crimes Against Humanity before National Jurisdictions
- 3 Revisiting the Architecture of Crimes Against Humanity
- 4 The Bright Red Thread
- 5 Gender-Based Crimes Against Humanity
- 6 “Chapeau Elements” of Crimes Against Humanity in the Jurisprudence of the UN Ad Hoc Tribunals
- 7 The Definition of Crimes Against Humanity and the Question of a “Policy” Element
- 8 Ethnic Cleansing as Euphemism, Metaphor, Criminology, and Law
- 9 Immunities and Amnesties
- 10 Modes of Participation
- 11 Terrorism and Crimes Against Humanity
- 12 Crimes Against Humanity and the International Criminal Court
- 13 Crimes Against Humanity and the Responsibility to Protect
- 14 Re-enforcing Enforcement in a Specialized Convention on Crimes Against Humanity
- 15 Why the World Needs an International Convention on Crimes Against Humanity
- Appendices
- Testimonials and Endorsements
- Index
- References
Summary
INTRODUCTION
It has been debated for some time in the literature whether or not the definition of crimes against humanity includes an element of “policy.” With a view to answering this inquiry, the general question about the existence of that requirement may be subdivided into four separate queries:
(i) What does the requirement of “policy” mean to its proponents?
(ii) What is at stake in this debate?
(iii) What are the pros and cons supporting each side of the debate?
(iv) What is the position of international law on this issue?
Each of these subquestions will be addressed in turn.
WHAT IS THE REQUIREMENT OF “POLICY” SUPPOSED TO MEAN?
The first difficulty that one encounters when discussing this issue pertains to the meaning of “policy.” To the extent that an element of “policy” is put forth as a constitutive requirement of crimes against humanity, one would expect a clear understanding of what that expression is intended to refer to. However, there is little indication in the literature – and even less in existing practice – as to what that requirement exactly means. Nor is it entirely clear whether its supporters all agree on what the concept should encompass. Unless the definitional contours of that expression are sufficiently clear, there is a genuine risk that it will not be understood by all in the same manner. In this context, as in others, “a difference in the mere form of words does in several cases make a difference in law.”
- Type
- Chapter
- Information
- Forging a Convention for Crimes against Humanity , pp. 142 - 176Publisher: Cambridge University PressPrint publication year: 2011
References
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