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Legality Matters: Crimes Against Humanity and the Problems and Promise of the Prohibition on Other Inhumane Acts

Legality Matters: Crimes Against Humanity and the Problems and Promise of the Prohibition on Other Inhumane Acts

Legality Matters: Crimes Against Humanity and the Problems and Promise of the Prohibition on Other Inhumane Acts

Author: Gillian MacNeil
Publisher: T.M.C. Asser Press
ISBN: 9789462654426

Published In: February 2021
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9789462654457

RM789.48

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Description
Contents

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This book examines the way international criminal courts and tribunals have interpreted the crimes against humanity proscription of other inhumane acts. This clause is consistently used in spite of the long list of more specific offences forbidden as crimes against humanity.

The volume proposes that the current approach is based on a misunderstanding of the nature of the clause. Properly understood, the clause is an invitation to courts to create and apply retroactive criminal laws. This leads to a problem. A prohibition on the use of retroactive criminal laws, one which admits no exceptions, is deeply embedded in international law.

The author argues that it is time to revisit the assumption that retroactive criminal laws can never be deployed in a fair legal system. Drawing lessons from an exploration on the way the prohibition on retroactive laws is applied in practice, she proposes a new framework for understanding the clause proscribing the commission of other inhumane acts.

This book will be of relevance to anyone interested in international criminal law or criminal law theory.

Chapter 1. Introduction

Chapter 2. Theoretical Underpinnings: Understanding the Prohibition on Retroactive Criminal Law

Chapter 3. The Prohibition on Retroactive Criminal Law in International Criminal Law

Chapter 4. Crimes Against Humanity: Introduction, Development and Acceptance

Chapter 5. Other Inhumane Acts: Development and Critique

Chapter 6. A New Way Forward: Advocating a Fullerian Approach to Other Inhumane Acts

Index

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