David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy 4 (3):267-282 (2010)
According to the received view crimes like torture, rape, enslavement or enforced prostitution are domestic crimes if they are committed as isolated or sporadic events, but become crimes against humanity when they are committed as part of a âwidespread or systematic attackâ against a civilian population. Only in the latter case can these crimes be prosecuted by the international community. One of the most influential accounts of this idea is Larry Mayâs International Harm Principle, which states that crimes against humanity are those that somehow âharm humanity.â I argue that this principle is unable to provide an adequate account of crimes against humanity. Moreover, I argue that the principle fails to account for the idea that crimes against humanity are necessarily group based. I conclude by suggesting that the problem with Mayâs account is that it relies on a harm-based conception of crime which is very popular, but ultimately mistaken. I submit that in order to develop an adequate theory of crimes against humanity we need to abandon the harm-based model and replace it with an alternative conception of crime and criminal law, one based on the notion of accountability.
|Keywords||Accountability Crimes against humanity Harm International criminal law International harm principle International justice Larry May|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Andrew Altman (2006). The Persistent Fiction of Harm to Humanity. Ethics and International Affairs 20 (3):367–372.
Andrew Altman & Christopher Heath Wellman (2004). A Defense of International Criminal Law. Ethics 115 (1):35-67.
Lawrence C. Becker (1974). Criminal Attempt and the Theory of the Law of Crimes. Philosophy and Public Affairs 3 (3):262-294.
Antony Duff, Theories of Criminal Law. Stanford Encyclopedia of Philosophy.
Citations of this work BETA
No citations found.
Similar books and articles
Massimo Renzo (2012). Crimes Against Humanity and the Limits of International Criminal Law. Law and Philosophy 31 (4):443-476.
Andrew Altman (2012). Genocide and Crimes Against Humanity: Dispelling the Conceptual Fog. Social Philosophy and Policy 29 (1):280-308.
Sally Scholz (2006). Just War Theory, Crimes of War, and War Rape. International Journal of Applied Philosophy 20 (1):143-157.
Jamie Terence Kelly (2010). The Moral Foundations of International Criminal Law. Journal of Human Rights 9 (4):502-510.
Debra B. Bergoffen (2003). February 22, 2001: Toward a Politics of the Vulnerable Body. Hypatia 18 (1):116-134.
Robert Fine (2011). Dehumanising the Dehumanisers: Reversal in Human Rights Discourse. Journal of Global Ethics 6 (2):179-190.
Richard Ashby Wilson (2010). When Humanity Sits in Judgment : Crimes Against Humanity and the Conundrum of Race and Ethnicity at the International Criminal Tribunal for Rwanda. In Ilana Feldman & Miriam Iris Ticktin (eds.), In the Name of Humanity: The Government of Threat and Care. Duke University Press.
Nils Holtug (2002). The Harm Principle. Ethical Theory and Moral Practice 5 (4):357-389.
Hamish Stewart (2009). The Limits of the Harm Principle. Criminal Law and Philosophy 4 (1):17-35.
Jesper Ryberg (2010). Punishing War Crimes, Genocide, and Crimes Against Humanity: Introduction. Res Publica 16 (2):99-100.
Richard W. Miller (2001). Nationalist Morality and Crimes Against Humanity. In Aleksander Jokić (ed.), War Crimes and Collective Wrongdoing: A Reader. Blackwell.
Joel Feinberg (1984). The Moral Limits of the Criminal Law. Oxford University Press.
Added to index2010-09-13
Total downloads56 ( #27,684 of 1,101,021 )
Recent downloads (6 months)4 ( #81,070 of 1,101,021 )
How can I increase my downloads?