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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Crimes Against Humanity in International Criminal Law 2nd ed isbn 9789041112224

Crimes Against Humanity in International Criminal Law


ISBN13: 9780792317371
ISBN: 0792317378
New Edition ISBN: 9041112227
Published: December 1992
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print



""Crimes against humanity"" are normally discussed in the limited context of the Nuremberg trials and in connection with war crimes. This book takes a different approach.;As a background to emerging legal issues, the author explores the history and evolution of ""crimes against humanity"". The author analyzes the very basis for all post-World War II prosecutions for ""crimes against humanity"" - the London Charter's Article 6(c), the Tokyo Charter's Article 5(c), and Control Council Law No. 10 Article 11(c). He covers in depth such issues as principles of legality, command responsibility, and obedience to superior orders. The author raises significant technical legal issues which the vast literature on the subject has overlooked or treated too lightly.;Professor Bassiouni persuasively establishes the legal validity and viability of ""crimes against humanity"", which is seriously threatened by constant violations and the absence of clear international legal norms. Critical of the ILC's Draft Code of Crimes Against the Peace and Security of Mankind, the author strongly urges the establishment of a specialized convention on ""Crimes Against Humanity"" that would encompass mass killings and state-sponsored policies of significant human rights violations.

Contents:
Emergence as an international crime; threshold issues of legal philosophy; principles of legality; historical legal foundations - international humanitarian law and the regulation of armed conflicts; individual criminal responsibility and international prosecutions; prerequisite legal elements - public law connection and international cognizable harm; identifying the specific crimes in ""General Principles of Law"" at the time of the Charter; the contents of the specific crimes from the Charter until now; elements of criminal responsibility; defences and exonerations; post-Charter legal developments; concluding assessment documents.