Advertisement

Main Substantive Terms, Their Basic Differences and Links, and Leading Working Hypothesis

  • Rustam AtadjanovEmail author
Chapter
Part of the International Criminal Justice Series book series (ICJS, volume 22)

Abstract

This chapter introduces the explanations of the substantive meanings that the term “humanity” contains, with a view to avoiding etymological complications and to be clear from the beginning. It then proceeds to assigning the most relevant definitions for the purposes of this book. The working definitions for the following key terms are offered: “humanity”, “laws of humanity” and “principle of humanity”. That allows to compare more precisely the related basic concepts regularly figuring in the following chapters and to serve as a starting point in describing the major differences and important links between them. Additionally, I attempt to clarify such terms as “humanitarian considerations”, “fundamental standards of humanity” as well as the “principle of humanity” as a guiding principle of humanitarian action. Moreover, the above said comparison is instrumental in laying out the working hypothesis that will subsequently undergird the whole monograph. Eventually, the chapter explains why analyze the concept of humanity as a constituent element of the law of crimes against humanity in the first place.

Keywords

Humanity Laws of humanity Principle of humanity Crimes against humanity Humanitarian considerations Humanness 

References

  1. Bassiouni C (2011) Crimes against humanity: Historical evolution and contemporary application. Cambridge University Press, CambridgeGoogle Scholar
  2. Cassese A (2003) International criminal law, 3rd edn. Oxford University Press, OxfordGoogle Scholar
  3. deGuzman M (2011) Crimes against humanity. In: Schabas W, Bernaz N (eds) Routledge handbook of international criminal law. Routledge, London, New York, pp. 121–122Google Scholar
  4. Lippman M (1997) Crimes against humanity. Boston College Third World Law Journal 17:171–273Google Scholar
  5. Luban D (2004) A theory of crimes against humanity, Yale Journal of International Law 29:85–167Google Scholar
  6. May L (2005) Crimes against humanity: A normative account. Cambridge University Press, CambridgeGoogle Scholar
  7. National Assembly (2002) Völkerstrafgesetzbuch [(German) Code of Crimes Against International Law] https://www.legal-tools.org/doc/fa8c3f/pdf/. Accessed 26 November 2018
  8. Oberleitner G (2015) Human rights in armed conflict: Law, practice, policy. Cambridge University Press, CambridgeGoogle Scholar
  9. Pictet J (1956) Red Cross principles. International Committee of the Red Cross, GenevaGoogle Scholar
  10. Pictet J (1979) The fundamental principles of the Red Cross. Commentary. International Review of the Red Cross 19:130–149CrossRefGoogle Scholar
  11. Schindler D, Toman J (eds) (1996) Droit des conflits armés: recueil des conventions, résolutions et autre documents. International Committee of the Red Cross, Institut Henri-Dunant, GenevaGoogle Scholar
  12. Werle G, Jessberger F (2014) Principles of international criminal law, 3rd edn. Oxford University Press, OxfordGoogle Scholar

Copyright information

© T.M.C. Asser Press and the author 2019

Authors and Affiliations

  1. 1.Faculty of LawUniversity of HamburgHamburgGermany

Personalised recommendations