Humanness as a Protected Legal Interest of Crimes Against Humanity: Conceptual and Normative Aspects

Description

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. The 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 in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels. This is the first monograph on crimes against humanity written by an author from the Commonwealth of Independent States (CIS) aimed at an international audience, and should constitute a useful tool for academics, students and practitioners of international law. Rustam Atadjanov, LLB, LLM, Dr.jur., attained his Ph.D. at the University of Hamburg in Germany and is a former Legal Adviser to the Regional Delegation of the International Committee of the Red Cross in Central Asia, Tashkent, Uzbekistan. Front Matter ....Pages i-xxiv Introduction (Rustam Atadjanov)....Pages 1-15 Main Substantive Terms, Their Basic Differences and Links, and Leading Working Hypothesis (Rustam Atadjanov)....Pages 17-30 Historical Overview of the Development of the Concept of Humanity in International Law and Crimes Against Humanity (Rustam Atadjanov)....Pages 31-136 “Humanity” Within the Contemporary Context of International Law Dealing with Crimes Against Humanity (Rustam Atadjanov)....Pages 137-209 “Humanity” as a Valid Protected Interest Under the Rechtsgutstheorie (Rustam Atadjanov)....Pages 211-276 The Protected Legal Interests of Crimes Against Humanity and Other Core Crimes Under International Law: A Comparative Analysis (Rustam Atadjanov)....Pages 277-307 Conclusion (Rustam Atadjanov)....Pages 309-316 Back Matter ....Pages 317-324