A Reconsideration of the Sources of the Law of Crimes Against Humanity

Abstract

The Rome Statute describes ‘crime against humanity’ as certain enumerated acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. Any crime against humanity constitutes a violation of the human rights of the victim. The jurisprudence of crimes against humanity was substantially developed by international criminal tribunals. This article examines the sources of the law of crimes against humanity from the perspectives of treaties, customs; general principles of law, judicial decisions and expert literature. A stylized application of the provision is necessary to adapt it to international criminal law.