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3 - Revisiting the Architecture of Crimes Against Humanity

Almost a Century in the Making, with Gaps and Ambiguities Remaining – the Need for a Specialized Convention

Published online by Cambridge University Press:  01 June 2011

M. Cherif Bassiouni
Affiliation:
DePaul University College of Law
Leila Nadya Sadat
Affiliation:
Washington University, St Louis
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Summary

INTRODUCTION

International law is essentially the product of State interests. Even in this era of ­globalization, it remains under the long shadow of the Westphalian paradigm founded on State sovereignty. Progress, however, has been achieved as States' interests and the values that their societies embrace have converged, demanding greater conformity by States to certain human aspirations. Spurred by economic globalization, States' international cooperation has increased substantially. In some areas, it has given rise to collective decision-making processes. Among developments in which State sovereignty has given way to collective interests and values are those that occurred in the field of human rights and International Criminal Law (ICL). Both fields have been driven by ideas that with time have acquired an incrementally higher level of value recognition from broader and diverse constituencies. Admittedly, progress in these fields has been slower and more painstaking than in the economic field. What has been achieved in the fields of human rights and ICL is the result of a process of accretion that strengthened ideas about human values throughout the history of several civilizations.

History records that such accretion is the result of an evolutionary process. It begins with the emergence of an idea that then grows in its acceptance by different constituencies, and is then followed by a stage of prescriptive articulation that eventually leads to the stage of proscriptive normative formulation. Finally, it ripens into the establishment of enforcement mechanisms.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Schwelb, Egon, Crimes Against Humanity, 23 Brit. Y.B. Int'l L. 178, 181 (1946)Google Scholar
Bassiouni, M. Cherif, World War I: “The War to End All Wars” and the Birth of a Handicapped International Criminal Justice System, 30 Denv. J. Int'l L. & Pol'y 244 (2002)Google Scholar
Bassiouni, M. Cherif, International Criminal Justice in Historical Perspective, inM. Cherif Bassiouni, III International Criminal Law: International Enforcement 29 (M. Cherif Bassiouni ed., 3d ed. 2008)Google Scholar
Schabas, William A., International Sentencing: From Leipzig (1923) to Arusha (1996), inI Bassiouni ICL, supra, at 129
Green, Leslie C., The Law of Armed Conflict and the Enforcement of International Criminal Law, 27 Annuaire Canadien de Droit International 4 (1984)Google Scholar
Green, Leslie C., Human Rights and the Law of Armed Conflict, 10 Isr. Y.B. Hum. Rts. 9 (1980)Google Scholar
Suárez, Francisco, On War, in 2 Classics of International Law (James B. Scott ed., 1944)Google Scholar
Ayala, Balthazar, Three Books on the Law of War, in 2 Classics of International Law (John P. Bate trans., 1912)Google Scholar
Gentili, Alberico, De Jure Belli Libri Tres, inClassics of International Law (James B. Scott ed., 1933)Google Scholar
Algase, Roger C., Protection of Civilian Lives in Warfare: A Comparison between Islamic Law and Modern International Law Concerning the Conduct of Hostilities, 16 Revue de Droit Pénal Militaire et de Droit de la Guerre 246 (1977)Google Scholar
Rechid, Ahmed, L'Islam et le Droit de Gens, 60 Recueil Des Cours de l'Academie de Droit International de la Haye 371 (1937)Google Scholar
Maogoto, Jackson, International Justice in the Shadow of Realpolitik: Revisiting the Establishment of the Ad Hoc International Criminal Tribunals, 5/2 Flinders J.L. Reform 161 (2001)Google Scholar
Matas, David, Prosecuting Crimes Against Humanity: The Lessons of World War I, 13 Fordham Int'l L.J. 86 (1989)Google Scholar
Schabas, William A., State Policy as an Element of International Crimes, 98 J. Crim. L. & Criminology 953 (2008)Google Scholar
Mettraux, Guénaël, Crimes Against Humanity in the Jurisprudence of the International Criminal Tribunals for the Former Yugoslavia and for Rwanda, 43 Harv. Int'l L.J. 237, 271–83 (2002)Google Scholar
Bassiouni, M. Cherif, International Crimes: Jus Cogens and Obligatio Erga Omnes, 59 L. & Contemp. Probs. 63 (1996)Google Scholar
Friedlander, Robert A., Self-Determination: A Legal-Political Inquiry, 1975 Detroit C. L. Rev. 71 (1975)Google Scholar
Bassiouni, M. Cherif, “Crimes Against Humanity”: The Need for a Specialized Convention, 31 Colum. J. Transnat'l L. 457–94 (1994)Google Scholar

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