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2012

War crimes

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Emerging From The Shadow Of Nuremberg: Crimes Against Humanity In The Modern Age, Leila N. Sadat Feb 2012

Emerging From The Shadow Of Nuremberg: Crimes Against Humanity In The Modern Age, Leila N. Sadat

Leila N Sadat

This Article demonstrates the central importance of Crimes Against Humanity (CAH) prosecutions at the ad hoc international criminal tribunals and in the International Criminal Court (ICC). It represents the first comprehensive and empirical assessment of what CAH charges accomplish as a matter of observable practice. This empirical analysis informs the construction of a new theory of CAH in modern international criminal law. The Article analyzes the early jurisprudence of the ICC and challenges the conventional wisdom that CAH must be interpreted unduly restrictively, with reference to Nuremberg in mind. Instead, CAH at the world’s first permanent international criminal court must …