Humanness as a Protected Legal Interest of Crimes Against Humanity
Conceptual and Normative Aspects
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Beschreibung
Central to this book, which has been revised and updated from its original 2019 edition to reflect current developments, 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, Tashkent, Uzbekistan. He is currently affiliated to the School of Law of KIMEP University in Almaty, Kazakhstan.
Central to this book, which has been revised and updated from its original 2019 edition to reflect current developments, 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, Tashkent, Uzbekistan. He is currently affiliated to the School of Law of KIMEP University in Almaty, Kazakhstan.
Updated regarding the evolution of legal, institutional, and empirical aspects surrounding crimes against humanity Discusses both the theory and the practicalities, proposing a comprehensive concept of crimes against humanity Represents a holistic, systematized, inter-disciplinary (law, history, philosophy) academic treatment of the subject
Autor*in
Rustam Atadjanov
Themen in »Humanness as a Protected Legal Interest of Crimes Against Humanity«
Theory of humanness Laws of humanity Principle of humanity Crimes against humanity Roman Humanitas Human dignity Protected legal interest German Rechtsgutstheorie International law International criminal law