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Humanness as a Protected Legal Interest of Crimes Against Humanity: Conceptual and Normative Aspects

Humanness as a Protected Legal Interest of Crimes Against Humanity: Conceptual and Normative Aspects

Paperback

Series: International Criminal Justice, Book 22

General Law

ISBN10: 9462653011
ISBN13: 9789462653016
Publisher: T.M.C. Asser Press
Published: Aug 14 2020
Pages: 324
Weight: 1.08
Height: 0.73 Width: 6.14 Depth: 9.21
Language: English
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.

The 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 in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels.

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