David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 31 (4):443-476 (2012)
Crimes against humanity are supposed to have a collective dimension with respect both to their victims and their perpetrators. According to the orthodox view, these crimes can be committed by individuals against individuals, but only in the context of a widespread or systematic attack against the group to which the victims belong. In this paper I offer a new conception of crimes against humanity and a new justification for their international prosecution. This conception has important implications as to which crimes can be justifiably prosecuted and punished by the international community. I contend that the scope of the area of international criminal justice that deals with basic human rights violations should be wider than is currently acknowledged, in that it should include some individual violations of human rights, rather than only violations that have a collective dimension
|Keywords||No keywords specified (fix it)|
|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
No references found.
Citations of this work BETA
Kai Ambos (2013). The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles. [REVIEW] Criminal Law and Philosophy:1-29.
Xunwu Chen (2013). Law, Humanity, and Reason: The Chinese Debate, the Habermasian Approach, and a Kantian Outcome. Asian Philosophy 23 (1):100-114.
Similar books and articles
Massimo Renzo (2010). A Criticism of the International Harm Principle. Criminal Law and Philosophy 4 (3):267-282.
Jamie Terence Kelly (2010). The Moral Foundations of International Criminal Law. Journal of Human Rights 9 (4):502-510.
Robert Fine (2011). Dehumanising the Dehumanisers: Reversal in Human Rights Discourse. Journal of Global Ethics 6 (2):179-190.
Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.
Andrew Altman (2012). Genocide and Crimes Against Humanity: Dispelling the Conceptual Fog. Social Philosophy and Policy 29 (1):280-308.
Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.
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.
Sally Scholz (2006). Just War Theory, Crimes of War, and War Rape. International Journal of Applied Philosophy 20 (1):143-157.
Benjamin Perrin (2012). Mind the Gap: Lacunae in the International Legal Framework Governing Private Military and Security Companies. Criminal Justice Ethics 31 (3):213-232.
Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.
George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.
Added to index2012-03-07
Total downloads53 ( #35,301 of 1,413,409 )
Recent downloads (6 months)3 ( #67,314 of 1,413,409 )
How can I increase my downloads?