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International Criminal Law

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Chapter Summary

This chapter analyzes the actionability of international crimes under Alien Tort Statute (ATS) after the Supreme Court rendered its judgment in Sosa v. Alvarez- Machain. The prohibition against genocide belongs to the very core of international criminal law since the systematic destruction of an entire group of people is irreconcilable with any form of humanity. The crimes against humanity were separately categorized as an international crime in the Nuremberg Charter. Unlike war crimes, crimes against humanity also cover acts against the perpetrator's own citizens if they are targeted specifically and do not presuppose an armed conflict. The prohibitions on genocide, crimes against humanity, and violations of common article 3 of the Geneva Conventions are universally recognized and in their core, are sufficiently defined to meet the Sosa standard.

Keywords: Alien Tort Statute (ATS); genocide; International Criminal Law; war crimes

10.1163/ej.9789004173651.i-414.11
/content/books/10.1163/ej.9789004173651.i-414.11
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