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.
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Notes
- 1.
For the corresponding definition sources and dictionaries see Chap. 1.
- 2.
Ibid.
- 3.
“Конвенция о неприменимости срока давности к военным преступлениям и преступлениям против человечества” [Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity], opened for signature 26 November 1968, UN GA Res. 2391 (XXIII) (entered into force 11 November 1970). The Russian text is available at www.un.org/ru/documents/decl_conv/conventions/warcrimes_limit.shtml. Accessed 26 November 2018.
- 4.
Völkerstrafgesetzbuch 2002, § 7.
- 5.
See Chap. 1.
- 6.
See also Luban 2004, pp. 86–87.
- 7.
Ibid.
- 8.
- 9.
It is related to one of the constituent elements of humanity as humanness as argued in Chap. 4, i.e., the element of human reason .
- 10.
For a specific discussion of the principle of humanity [in IHL] as a separate notion in its own standing, see Chap. 3, Sect. 3.2.4. The chapter explains why that principle stands out from the main concept of humanity considered within the present monograph.
- 11.
Convention (II) with Respect to the Laws and Customs of War on Land (Hague II), opened for signature 29 July 1899, entered into force 4 September 1900, in Schindler and Toman 1996, Preamble, pp. 69–93.
- 12.
Discussion of the principle of humanity is important for the analysis of the protective scope of crimes against humanity because the underlying elements of humaneness, compassion and respect for human dignity all inherent in the central concept of humanity (humanness, as argued in this book) lent to the core of humanitarian considerations constituting the essence of the LoAC. See Chaps. 3, 4 and 6 (discussing the way in which the principle of humanity affected the law of war crimes and its key principles).
- 13.
Pictet 1979, p. 143.
- 14.
The project of “fundamental standards of humanity” and the so-called Turku Declaration of 1991 on Minimum Humanitarian Standards drafted by Theodor Meron and Allan Rosas are well described in Oberleitner 2015, pp. 64–68.
- 15.
Available at http://www.oxforddictionaries.com/definition/english/humanitarian. Accessed 26 November 2018.
- 16.
Available at http://www.dictionary.cambridge.org/dictionary/english/humanitarian?q=Humanitarian. Accessed 26 November 2018.
- 17.
Oberleitner 2015, p. 66.
- 18.
This is so even if the eventual adoption of a respective declaration by the UN General Assembly has come to a halt in the mid-90s. Ibid., pp. 66–68.
- 19.
Ibid., pp. 64–66.
- 20.
Even if the “inventors” of the phrase did apparently not imply humanness as such by the term “humanity” in it.
- 21.
Moreover, judging by the listing of those standards in the Turku Declaration itself, it becomes clear that they represent an interplay between various corpora of law including IHL, ICL, IHRL, international refugee law and other relevant branches, thus highlighting their comprehensive and inter-disciplinary nature.
- 22.
- 23.
Ibid.
- 24.
Rome Statute of the International Criminal Court , opened for signature 17 July 1998, 2187 UNTS 90 (entered into force 1 July 2002) (Rome Statute ), Article 7(1).
- 25.
The analysis of how the underlying acts of crimes against humanity attack humanity as human status is presented in Chap. 4.
- 26.
See Chap. 3.
- 27.
See deGuzman 2011, pp. 121–122.
- 28.
The Rome Statute ’s existing definition of crimes against humanity implies that the attack against a civilian population which constitutes the crimes’ individual acts represents an “inhumane act”. This can be inferred because of the formulation included in the Statute’s respective provision, i.e., “other inhumane acts of a similar character”. Rome Statute , above n. 24, Article 7(1)(k). Therefore, it may be said to be attacking humaneness. This point is considered in more detail in Chap. 3.
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Atadjanov, R. (2019). Main Substantive Terms, Their Basic Differences and Links, and Leading Working Hypothesis. In: Humanness as a Protected Legal Interest of Crimes Against Humanity. International Criminal Justice Series, vol 22. T.M.C. Asser Press, The Hague. https://doi.org/10.1007/978-94-6265-299-6_2
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