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Crimes Against Humanity: A Normative Account

Crimes Against Humanity A Normative Account

  • Author:
  • Publisher: Cambridge University Press
  • ISBN: 9780521600514
  • Published In: January 2005
  • Format: Paperback
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only
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  • Description 
  • Contents 

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This book is the first booklength treatment of the philosophical foundations of international criminal law. The focus is on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states - sovereignty - and breaches to this sovereignty can be justified in limited circumstances, following what the author calls a minimalist account of the justification of international prosecution.

Written in a clear and accessible style, this book should appeal to anyone with an interest in international law, political philosophy, international relations, and human rights theory

Contents:
Part I. Universal Norms and Moral Minimalism:
1. Introduction;
2. Jus cogens norms;
3. Custom, opinio juris, and consent; Part II. Principles of International Criminal Law:
4. The security principle;
5. The international harm principle;
6. International crime: the case of rape; Part III. Prosecuting International Crimes:
7. Prosecuting minor players for crimes against humanity;
8. Prosecuting state leaders for crimes against humanity;
9. Prosecuting genocide amidst widespread complicity; Part IV. Defenses and Alternatives:
10. Superior orders, duress, and moral perception;
11. The international rule of law;
12. Victims and convictions;
13. Reconciliation and amnesty programs

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