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Responding to War Crimes, Crimes against Humanity and Genocide

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Chapter Summary

This chapter reviews current practice and policy, and makes recommendations for future developments in the law pertaining to transnational fugitive offenders who commit crimes associated with armed conflicts. The ad hoc tribunals and subsequently the Rome Statute have confirmed, though, that individual criminal responsibility can also attach to breaches of Common Article and provisions of Protocol II of 1977 in non-international armed conflicts. The IMT at Nuremberg confined crimes against humanity to time of armed conflict, but since then they have been expanded to embody the overarching international crime. Crimes against humanity represent the way that the international community can respond to the most heinous excesses of international criminal law. The 1959 United States case of Artukovic was decided partly on the basis that the Yugoslav government had failed to provide sufficient evidence that Artukovic had perpetrated the alleged war crimes.

Keywords: ad hoc tribunals; armed conflicts; Artukovic; crimes against humanity; international crime; international criminal law; Nuremberg; Rome Statute; United States; war crimes



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