Humanness As a Protected Legal Interest of Crimes Against Humanity
Subtitle: Conceptual and Normative Aspects
Publisher: T.M.C. Asser Press
Published: 2019
Language: eng
Number of pages: 324
ISBN-13: 9789462652989
Description: Central to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of "humanity". Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of "humanity" left undefined in law.0The proposed theory argues that "humanity" should be understood as "humanness" and crimes against humanity should be criminalised because humanness constitutes these crimes' valid protected interest. This volume offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels.0.