Review article
https://doi.org/10.31141/zrpfs.2022.59.144.407
Crimes against humanity: towards the protection of humanity and human dignity
Enis Omerović
orcid.org/0000-0001-8211-9408
; Prince Sultan University, College of Law, Riyadh, Saudi Arabia
Andrea Grande
orcid.org/0000-0003-2736-734X
; Fakultet političkih nauka Univerziteta u Sarajevu
Abstract
Considering the actuality of the work of the International Law Commission (ILC) of the United
Nations (UN) with the aim of making Draft Articles on crimes against humanity and adopting, as
a final sense and purpose, a multilateral international treaty (convention) on the prevention and
punishment of crimes against humanity, this article has as a primary goal the reconstruction of the
order of events and theoretical frames that shaped the current interpretation and application context
of the mentioned international crime(s), whose incrimination of the acts has appeared and developed
mainly as general customary international law, and whose conceptual definitions of different forms
of this crime have been adopted in statutes of international criminal tribunals, in the Rome Statute
of the International Criminal Court (ICC) and in internationalized courts and tribunals. Hence, and
most importantly, this paper aims to – based on the given context – problematize certain implications
in the provided definitions. Particular attention will be given to the long-lasting connection between
crimes against humanity and armed conflicts, so to additionally question the direction of the new
conditions of existence of an attack. Conclusively, with the intention of completing the entire
theoretical background, possibilities of different categorization and interpretation of the acts of this
international crime stricto sensu will be analysed, as well as the possible responsible perpetrators for
the respective crime, with eventual changes and additions.
Keywords
crimes against humanity; United Nations’ International Law Commission; Draft Articles on the Prevention and Punishment of Crimes against Humanity; widespread and systematic attack; state responsibility; responsibility of international organizations
Hrčak ID:
280640
URI
Publication date:
15.7.2022.
Visits: 832 *