History of Efforts to Codify Crimes Against Humanity

doi:10.1017/CBO9780511921124.005

1 - History of Efforts to Codify Crimes Against Humanity

From the Charter of Nuremberg to the Statute of Rome

Published online by Cambridge University Press: 01 June 2011

Roger S. Clark

Edited by

Leila Nadya Sadat

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Roger S. Clark: Affiliation:
Rutgers School of Law, Camden
Leila Nadya Sadat: Affiliation:
Washington University, St Louis

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Summary

THE NUREMBERG CHARTER

The modern usage of the words “crimes against humanity” dates from the Nuremberg Charter, article 6(c) of which reads as follows:

CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation or other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.

I doubt very much that the drafters of the Nuremberg Charter who gathered in London from June 26 to August 8, 1945 saw themselves as engaged in a codification exercise. In retrospect, the characterization is perhaps not inappropriate, although the term “crimes against humanity,” which provided a catchy title in the Charter to go along with “crime against peace” and “war crimes,” did not make an appearance in the drafting until the very last moment. Until then, the talk had been of “atrocities,” “persecutions,” and sometimes “deportations” (it apparently being understood that these were for the purpose of slave labor).

Probably the closest example of usage hinting at what would be “codified” in London was in the declaration of May 28, 1915 by the Governments of France, Great Britain, and Russia concerning the massacres of the Armenian population in Turkey, killings to which the term “genocide” has also since been applied.

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Type: Chapter
Information: Forging a Convention for Crimes against Humanity , pp. 8 - 27

DOI: https://doi.org/10.1017/CBO9780511921124.005 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2011

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References

Clark, Roger S., Crimes against Humanity at Nuremberg, inThe Nuremberg Trial and International Law 177 (George Ginsburgs & V. N. Kudriavtsev eds., 1990)Google Scholar

Clark, Roger S., Crimes against Humanity and the Rome Statute of the International Criminal Court, inInternational and National Law in Russia and Eastern Europe: Essays in Honor of George Ginsburgs 139 (Roger Clark, Ferdinand Feldbrugge & Stanislaw Pomorski eds., 2001)Google Scholar

Hall, Christopher K. et al., Article 7, Crimes against HumanityinCommentary on the Rome Statute of the International Criminal Court: Observers' Notes, Article by Article 159 (2d ed. 2008)Google Scholar

deGuzman, Margaret McAuliffe, The Road from Rome: The Developing Law of Crimes against Humanity, 22 Hum. Rts. Q. 335 (2000)CrossRef Google Scholar

Robinson, Jacob, The International Military Tribunal and the Holocaust: Some Legal Reflections, 7 Isr. L. Rev. 1, 3 (1972)Google Scholar

Schwelb, Egon, Crimes Against Humanity, 23 Brit.Y.B. Int'l L. 181 (1946)Google Scholar

Doria, José, Whether Crimes against Humanity Are Backdoor War Crimes, inThe Legal Regime of the International Criminal Court: Essays in Honour of Professor Igor Blishchenko 645 (José Doria, Hans-Peter Gasser & M. Cherif Bassiouni eds., 2009)CrossRef Google Scholar

Lansing, Robert, Notes on World Sovereignty, 1 Am. J. Int'l L. 13, 25 (1921)Google Scholar

Paust, Jordan J., Threats to Accountability after Nuremberg: Crimes against Humanity, Leader Responsibility and National Fora, 12 N.Y.L. Sch. J. Hum. Rts. 545, 549 (1996)Google Scholar

Dautricourt, Joseph Y., Crime against Humanity: European Views on its Conception and its Future, 40 J. Crim. L. & Criminology 170 (1949)Google Scholar PubMed

Dyilo, LubangaConfirmation Proceedings, 19 Crim. L.F. 519, 542–50 (2008)Google Scholar

McCormack, Timothy L. H. & Simpson, Gerry J., The International Law Commission's Draft Code of Crimes against the Peace and Security of Mankind: An Appraisal of the Substantive Provisions, 5 Crim. L.F. 1 (1994)Google Scholar

Rayfuse, Rosemary, The Draft Code of Crimes against the Peace and Security of Mankind: Eating Disorders at the International Law Commission, 5 Crim. L.F. 43 (1997) (discussing 1996 draft)Google Scholar

Oosterveld, Valerie, The Special Court for Sierra Leone's Consideration of Gender-based Violence: Contributing to Transnational Justice?, 10 Hum. Rts. Rev. 73, 89 (2009)Google Scholar

Oosterveld, Valerie, The Definition of “Gender” in the Rome Statute of the International Criminal Court: A Step Forward or Back for International Criminal Justice?, 18 Harv. Hum. Rts. J. 55 (2005)Google Scholar

Askin, Kelly D., Women and International Humanitarian Law, in 1 Women and International Human Rights Law 51–54 (Kelly D. Askin & Dorean M. Koenig eds., 1999)Google Scholar

Berman, Maureen R. & Clark, Roger S., State Terrorism: Disappearances, 13 Rutgers L.J. 531 (1982)Google Scholar

Robinson, Darryl, Defining Crimes against Humanity at the Rome Conference, 93 Am. J. Int'l L. 43, 58 n.76 (1999)CrossRef Google Scholar

Clark, Roger S., The Mental Element in International Criminal Law: The Rome Statute of the International Criminal Court and the Elements of Offences, 12 Crim. L.F. 291 (2001)Google Scholar

Dyilo, LubangaConfirmation Proceedings, 19 Crim. L.F. 519, 521–23 (2008)Google Scholar

Clark, Roger S., Elements of Crimes in Early Confirmation Decisions of Pre-Trial Chambers of the International Criminal Court, 6 N.Z.Y.B. Int'l L. (2008)Google Scholar