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The Reality of International LawEssays in Honour of Ian Brownlie$
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Guy S. Goodwin-Gill and Stefan Talmon

Print publication date: 1999

Print ISBN-13: 9780198268376

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198268376.001.0001

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The Differing Concepts of War Crimes and Crimes against Humanity in International Criminal Law

The Differing Concepts of War Crimes and Crimes against Humanity in International Criminal Law

Chapter:
(p.243) Chapter 11 The Differing Concepts of War Crimes and Crimes against Humanity in International Criminal Law
Source:
The Reality of International Law
Author(s):

Bing Bing Jia

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198268376.003.0011

This chapter examines the concepts of war crimes and crimes against humanity in the context of international criminal law. It analyses whether there is a customary rule that allows for charges of war crimes and crimes against humanity to be considered as the same offence, and evaluates how customary international law treats these two types of crime. It explores the possibility of hierarchical distinction between these two crimes in terms of gravity.

Keywords:   war crimes, crimes against humanity, international law, criminal law, customary rule

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