Defining Crimes Against Humanity: Practicality and Value Balancing
dc.creator | deGuzman, Margaret M. | |
dc.date.accessioned | 2021-09-10T17:15:06Z | |
dc.date.available | 2021-09-10T17:15:06Z | |
dc.date.issued | 2020 | |
dc.identifier.citation | Margaret M. deGuzman, Defining Crimes Against Humanity: Practicality and Value Balancing, 6 AFR. J. INT. CRIM. JUSTICE 204 (2020). | |
dc.identifier.issn | 2589-4315 | |
dc.identifier.uri | http://hdl.handle.net/20.500.12613/6923 | |
dc.description.abstract | Since crimes against humanity were first defined in the Charters of the International Military Tribunals at Nuremberg and for the Far East, various international, hybrid and national institutions have adopted definitions that differ in important respects. The International Law Commission’s draft articles are the latest definition, using language that is almost identical to the definition in the Rome Statute of the International Criminal Court. This article explains that decision, as well as the few divergences between the draft articles and the Statute. Defining crimes against humanity involves balancing the value of respecting state sovereignty against that of protecting human rights, and the values of consistency and clarity against those of breadth and flexibility. It argues that in adopting the draft articles, states will affirm the balance among these values that was struck in Rome, but that both definitions contain sufficient flexibility to permit new balances to be found as global values evolve. | |
dc.format.extent | 11 pages | |
dc.language | English | |
dc.language.iso | eng | |
dc.relation.ispartof | Faculty/ Researcher Works | |
dc.relation.haspart | African Journal of International Criminal Justice, Iss. 2 (2020) | |
dc.relation.isreferencedby | Eleven International Publishing | |
dc.rights | All Rights Reserved | |
dc.subject | Crimes against humanity | |
dc.subject | Rome statute | |
dc.subject | Draft articles | |
dc.subject | State sovereignty | |
dc.title | Defining Crimes Against Humanity: Practicality and Value Balancing | |
dc.type | Text | |
dc.type.genre | Journal article | |
dc.relation.doi | http://dx.doi.org/10.34944/dspace/6905 | |
dc.ada.note | For Americans with Disabilities Act (ADA) accommodation, including help with reading this content, please contact scholarshare@temple.edu | |
dc.description.schoolcollege | Temple University. James E. Beasley School of Law | |
dc.temple.creator | deGuzman, Margaret M. | |
refterms.dateFOA | 2021-09-10T17:15:06Z |