Crimes against Humanity in the 21st Century

Law, Practice and Threats to International Peace and Security

In Crimes Against Humanity in the 21st Century, Dr Robert Dubler SC and Matthew Kalyk provide a comprehensive analysis of crimes against humanity in international criminal law. The text tracks the crime from its conceptual origins in antiquity, to its emergence in customary international law at Nuremberg, to the establishment of the ‘modern definition’ at the Hague with the ICTY, ICTR and ICC, and finally to recent state practice and jurisprudence. The text sets out conclusions about the legal elements of the crime and contends that the raison d'être of the crime is located not in the inhumanity of its authors’ actions but in the extent to which its authors threaten international peace and security so as to justify international intervention.

With a foreword by Geoffrey Robertson QC.
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Biographical Note

Dr Robert Dubler SC, Ph.D. (2008), University of Sydney, is a barrister practising in a wide range of commercial and related areas while maintaining an interest in international criminal law and international human rights law.

Matthew Kalyk is a barrister practising in criminal, public and commercial law. He was formerly a Federal Prosecutor with the Commonwealth Director of Public Prosecutions, a solicitor at Herbert Smith Freehills and an intern at the ICTY.

Table of contents

Preface

1 The Origins of the Concept of Crimes against Humanity

2 The Nuremberg Precedent

3 From Nuremberg to the Hague

4 1993–1998: The Modern Definition of Crimes against Humanity

5 The Law of the International and Internationalised Tribunals

6 The Law of the International Criminal Court

7 State Practice after the Rome Conference of 1998

8 Crimes against Humanity and Threats to International Peace and Security

9 Crimes against Humanity under Customary International Law and the icc : The Chapeau Elements

10 Crimes against Humanity under Customary International Law and the icc : The Underlying Crimes

11 Prosecuting Crimes against Humanity in Domestic Courts

12 Conclusion

Index

Readership

All those studying, working with or otherwise wanting an understanding of, crimes against humanity in international law, including scholars, students, legal practitioners, national governments and legal departments and international organisations.