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BL
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| Record Number
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888255
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| Main Entry
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Atadjanov, Rustam
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| Title & Author
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Humanness as a protected legal interest of crimes against humanity : : conceptual and normative aspects /\ Rustam Atadjanov.
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| Publication Statement
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Berlin, Germany :: Asser Press,, [2019]
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| Series Statement
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International criminal justice series,; volume 22
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| Page. NO
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1 online resource
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| ISBN
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9462652996
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: 9789462652996
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9462652988
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9789462652989
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| Bibliographies/Indexes
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Includes bibliographical references and index.
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| Contents
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Intro; Foreword; Preface; Acknowledgements; Contents; About the Author; Abbreviations; 1 Introduction; Abstract; References; 2 Main Substantive Terms, Their Basic Differences and Links, and Leading Working Hypothesis; Abstract; 2.1 Definitions; 2.1.1 Humanity; 2.1.2 Laws of Humanity; 2.1.3 Principle of Humanity; 2.1.4 Crimes Against Humanity; 2.2 Differences; 2.3 Important Links; 2.4 Working Hypothesis; References; 3 Historical Overview of the Development of the Concept of Humanity in International Law and Crimes Against Humanity; Abstract; 3.1 Introduction
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3.2 Evolutions Before the Adoption of the Nuremberg Charter3.2.1 The Ancient World; 3.2.1.1 Western Civilizations; 3.2.1.2 Non-Western Civilizations; 3.2.2 The Middle Ages; 3.2.2.1 Natural Law, ius gentium and Humanity; 3.2.2.2 The Renaissance Humanism Movement; 3.2.3 Impact of Immanuel Kant's Philosophy; 3.2.3.1 Kant's Formula of Humanity and International Law; 3.2.3.2 Crimes Against Humanity from the Kantian Perspective of Law; 3.2.4 The Principle of Humanity in the Development of International Humanitarian Law
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3.2.4.1 Considerations of Humanity in the Earlier Evolution of the Law of Armed Conflict3.2.4.2 Impact of the Lieber Code and Its Principle of Humanity; 3.2.4.3 The Martens Clause and Laws of Humanity; 3.2.4.4 Legal Nature of the Principle of Humanity in International Humanitarian Law; 3.2.5 Armenian Massacres and Legal Attitudes Towards "Laws of Humanity" in Their Aftermath; 3.2.5.1 The 1915 Joint Declaration of France, Great Britain and Russia; 3.2.5.2 The Work of the 1919 Commission on the Responsibility of the Authors of the War; 3.2.5.3 Relevant Developments at the Treaty Law Level
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3.3 Developments After the Adoption of the Nuremberg Charter3.3.1 Nuremberg International Military Tribunal; 3.3.1.1 The Charter of the International Military Tribunal; 3.3.1.2 Views on the Protected Object Under the Tribunal's Charter; 3.3.1.3 The Nuremberg Proceedings and the Judgement; 3.3.2 Subsequent Proceedings Under the Allied Control Council Law No. 10; 3.3.2.1 The Control Council Law No. 10; 3.3.2.2 Relevant Case Law; 3.3.3 Work of the International Law Commission; 3.3.3.1 The 1951 and 1954 Draft Codes of Offences Against the Peace and Security of Mankind
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3.3.3.2 "Humanity" as a Protected Interest in the 1986 Draft Code of Offences Against the Peace and Security of Mankind3.3.3.3 The 1991 Draft Code of Crimes Against the Peace and Security of Mankind; 3.3.3.4 The Commission's Ongoing Work on Crimes Against Humanity; 3.3.4 Ad Hoc Tribunals for the Former Yugoslavia and Rwanda; 3.3.4.1 The International Criminal Tribunal for the Former Yugoslavia; 3.3.4.2 The International Criminal Tribunal for Rwanda; 3.3.4.3 "Inhumanity" of Crimes Against Humanity; 3.3.5 International Criminal Court; 3.4 Conclusion; References
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| Abstract
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Central to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of "humanity". Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of "humanity" left undefined in law.0The proposed theory argues that "humanity" should be understood as "humanness" and crimes against humanity should be criminalised because humanness constitutes these crimes' valid protected interest. This volume offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels.0.
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| Subject
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Crimes against humanity (International law)
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Crimes against humanity (International law)
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| Subject
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POLITICAL SCIENCE-- Political Freedom Security-- Civil Rights.
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POLITICAL SCIENCE-- Political Freedom Security-- Human Rights.
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| Dewey Classification
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341.69
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| LC Classification
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KZ7145
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