Save

Towards a Single and Comprehensive Notion of ‘Civilian Population’ in Crimes against Humanity

In: International Criminal Law Review
View More View Less
  • 1 Senior Lecturer of Public International Law and International Human Rights Law, Department of Criminal Law and Criminology and Public International Law, Universitat de Barcelona, Barcelona, Spain, ralija@ub.edu
  • | 2 Professor of Public International Law and International Human Rights Law, Department of Criminal Law and Criminology and Public International Law, Universitat de Barcelona, Barcelona, Spain, jsaura@ub.edu.
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

€29.95$34.95

Although an essential element of the definition of crimes against humanity is that a civilian population be targeted, there is no agreement on what ‘civilian population’ means in this context. The notion has been given different meanings depending on whether the crimes are committed in times of conflict or peacetime. In times of conflict, preference is given to a broad approach based on international humanitarian law. More problematic is the attribution of a specific content to the notion in peacetime, where even discrimination has been suggested as a defining criterion. In this article we contend that a single notion of civilian population in crimes against humanity applicable in every circumstance is needed. Hence, we suggest determining the civilian population on the basis of the rules on State responsibility in international human rights law and general international law in order to exclude those endowed with public authority from the civilian population.

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 307 106 22
Full Text Views 271 15 0
PDF Views & Downloads 74 33 1