TABLE OF CONTENTS
Title Page
Table of Statutes
Table of Cases
Abstract
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background of the Study
1.2 Statement of the Problem
1.3 Literature Review
1.4 Scope of the Study
1.5 Objectives of the Study
1.6 Significance of the Study
1.7 Research Methodology
1.8 Organizational Layout
CHAPTER TWO: THE GENERAL THEORY OF CRIME
2.1 Introduction
2.2 Meaning of the Concept Crime
2.2.1 Causes of Crime
2.3 Types of Crimes
CHAPTER THREE: EVOLUTION OF LAW OF CRIMES AGAINST HUMANITY
3.1 Introduction
3.2 Historical Development of the Concept of Crimes against Humanity
3.2.1 Nuremberg trials
3.2.2 Tokyo trials
3.2.3 Apartheid
3.2.4 United Nations
3.2.5 Council of Europe
3.3 Crimes Against Humanity under the Rome Statute of the ICC
3.3.4 The Mental Element of the Crime against Humanity: Mens rea
3.4 The Enumerated Acts of the Crime
3.4.1 Murder
3.4.2 Persecution
3.4.3 Enforced Disappearance and Apartheid
3.4.4 Other Inhumane Acts
3.5 The Influence of Nuremberg Conception of Crimes Against Humanity on the Development of International Criminal Law
3.6 Evolutionary Development of the Distinctive Elements of the Notions of Crimes Against Humanity and Genocide: The Jurisprudence of ICTY and ICTR
3.6.1 Notion of Genocide
3.6.2 Distinction Between Genocide and Crimes Against Humanity
CHAPTER FOUR: LEGAL FRAMEWORK FOR ON THE CONSTITUTIVE ELEMENTS OF CRIMES AGAINST HUMANITY
4.1 Introduction
4.2 Analysis of the Constitutive Elements of Crimes Against Humanity
4.4 Differences between the ICC Rome Statute, ICTY and ICTR Statutes on Crimes Against Humanity, Genocide and War Crimes
4.5 Differences in the Contextual Requirement of Crime against Humanity (CAH)
4.6 Challenges in the Prosecution of Crimes Against Humanity in International Law
4.6.1 Challenges Related to international Jurisdiction
4.6.2 High Burden of Proof
4.6.3 Challenges of Legitimacy for the ICC
4.6.4 Intimidation and Withdrawal of Witnesses
4.6.5 The Capacity to Entertain Many Cases at a Time
4.6.6 The Challenge of Providing Adequate Funding for the Trials
4.6.7 Lack of Uniform Legal Regime
4.6.8 The USA and the ICC
CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1 Summary
5.2 Findings
5.3 Recommendations
5.4 Conclusion
BIBLIOGRAPHY
ABSTRACT
This dissertation entitled “An Appraisal of the Development of Legal Framework of Crimes against Humanity in International Law” aimed at examining the various constitutive legal instruments on the field of crimes against humanity in international law vis-à-vis the obligation of states to take practical measures to endure respect for the performance of such obligations under the various constitutive legal instruments. However, the justification for this research is that despite the fact that the term “crimes against humanity” has acquired enormous resonance in the legal and moral imaginations of the post-World War II which suggested that crimes against humanity are offences that aggrieved not only the victims and their own communities, but all human beings regardless of the community because such violate the very essence of the existence of humanity. Yet while the law limped lamely, the crime against humanity flourishes as if there is no law in existence, particularly of recent where there is an increase in violence at both local and international levels. For example, according to some estimates, nearly 170 million civilians have been subjected to genocide, war crimes and Crimes Against Humanity in the 21st century. In view of these events therefore the objective of this research is to identify the factors responsible for the prevalence of such crimes and to proffer solutions to the lapses identified (if any). In conclusion, it is recommended (among others) that there is the need for a specific international treaty on crimes against humanity which will provide a comprehensive definition of crimes against humanity; and by so doing it will harmonized constitutive elements of each of the crimes against humanity and promote greater certainty and uniformity in the development of the jurisprudence of the law of crimes against humanity. The sources of information relied upon here are relevant text materials, international instruments, domestic instruments, judicial authorities and internet materials.
CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background of the Study
The first forty years after the Nuremberg Trial was a period of slow progress in
developing international criminal law. There is no doubt that international criminal law has developed as a distinct field of study in recent years. Indeed if international criminal law is defined as the prosecution of individuals for ‗international crimes‘ such as war crimes or Crimes Against Humanity then there was no such law for most of the twentieth century. On the eve of the twentieth century attempts to regulate warfare in The Hague Conference of 1899, and again in 1907, were constrained by notions of State sovereignty. As the Nuremberg judges pointed out the following in 1946, ‗The Hague Convention nowhere designates such practices (methods of waging war) as criminal, nor is any sentence prescribed, nor any mention made of a court to try and punish offenders.‘1
The Nuremberg trials established that all of humanity would be guarded by an international legal shield and that even a Head of State would be held criminally responsible and punished for aggression and Crimes Against Humanity. The right of humanitarian intervention to put a stop to Crimes Against Humanity – even by a sovereign against his own citizens-gradually emerged from the Nuremberg principles affirmed by the United Nations.
The awareness of the inadequacy of the law and the willingness to do something to enforce such new principles was slow in coming. The failure of the international community to develop binding norms of international criminal law was glaringly illustrated by the slow pace of......
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