Crimes against humanity and genocide

Question 1

Hague Conventions 1899, 1907

Martens Clause

Answer 1

Include the expression “laws of humanity”

Question 2

First prosecution for this type of crimes and first definition. Here these crimes were required to be committed in connection with other crimes.

Answer 2

Göering et al

Question 3

Control Council Law No. 10

Answer 3

Does not present the connection requirement

Question 4

CAH existed in law even before WWII and relied on history to prove it, even if it was in contrast with what the american diplomats were claiming.

The Court extended the scope of CAH and dropped the conflict requirement.

Very important case for customary international law, especially since it was about germans committing crimes against other germans.

Answer 4

Altstötter

Question 5

1996 ICL presents the Draft Code

Answer 5

1996 ICL presents the Draft Code

Question 6

ICTY Statute

Answer 6

Requires nexus to conflict, following the Nurember ideas.

The list of inhumane acts is extended

Question 7

The conflict nexus is dropped.
Recognises the history of crimes against humanity steaming from the Martens clause.
Recgonises individual criminal responsibility for CAH.

Answer 7

Tadic

Question 8

ICTR Statute
Adds widespread or systematic
Any civilan population, on national, political, ethnic, racial grounds
Drops the link to armed conflict

Answer 8

ICTR Statute
Adds widespread or systematic
Any civilan population, on national, political, ethnic, racial grounds
Drops the link to armed conflict

Question 9

Art. 7 Rome Statute

Answer 9

For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

Question 10

The organised nature of the crimes and the improbability of their randomness.

Answer 10

Katanga

Question 11

Low threshold for population, it simply must not be a limited group.

Answer 11

Bemba

Question 12

Members of the french resistence were considered to be civilians.

Answer 12

Barbie case

Question 13

Special Court for Sierra Leone
Without the requirement of state or organisational policy.

ECCC
Narrows the definition, adding a discrimination requirement

Answer 13

Special Court for Sierra Leone
Without the requirement of state or organisational policy.

ECCC
Narrows the definition, adding a discrimination requirement

Question 14

The distinctive characteristic of CAH should be that large scale human rights violations are committed against a population in circumstances where the victims are deprived of any prospect or protection from the teritorial authorities.

Answer 14

Tilman Rodenhauser

Question 15

Cassese: CAH include all acts running contrary to those basic values that are or should be considered inherent in any human being.

Answer 15

Cassese: CAH include all acts running contrary to those basic values that are or should be considered inherent in any human being.

Question 16

How one reads the word humanity is indicative of what the essence of the crime is.
Mass violence - Kind
The Evil Needed - Nature

Answer 16

Cristopher Macleod - Towards a philosopical definition of CAH

Question 17

The principal difficulty is the ambiguity of the term humanity.

Answer 17

Cristopher Macleod - Towards a philosopical definition of CAH

Question 18

Cassese: CAH are particularly odious offences in that they can constitute a serious attack on human dignity or degradation of one or more human beings.

Answer 18

Cassese: CAH are particularly odious offences in that they can constitute a serious attack on human dignity or degradation of one or more human beings.

Question 19

Denial of humanity is an essential element.

Answer 19

Gaita

Question 20

Art. 6 Rome Statute

Genocide the Crime of crimes

Answer 20

For the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

Question 21

Dolus specialis

Answer 21

Dolus specialis - The specific intent to destroy a national, racial, religious or ethnical group as such, in whole or in part.