- Title Pages
- Foreword by The Hon David Hunt AO QC<sup>*</sup>
- Preface
- Table of Cases
- 1 General Remarks – The Creation and Jurisdiction of the <i>ad hoc</i> Tribunals
- 2 Subject-Matter Jurisdiction and Applicable Law – Customary International Law and Treaty Law?
- 3 Identifying Customary International Law and the Role of Judges in the Customary Process
- 4 Binding Precedents and Internal Jurisprudential Hierarchy
- 5 War Crimes in the Statutes of the <i>ad hoc</i> Tribunals
- 6 <i>Chapeau</i> Elements of War Crimes
- 7 Grave Breaches of the 1949 Geneva Conventions
- 8 Other Serious Violations of the Laws or Customs of War: Underlying Offences
- 9 War Crimes in Internal Armed Conflicts
- 10 Crimes against Humanity in the Statutes of the <i>ad hoc</i> Tribunals
- 11 <i>Chapeau</i> Elements of Crimes against Humanity
- 12 Underlying Offences
- 13 Genocide and International Criminal Tribunals
- 14 General or <i>Chapeau</i> Elements of Genocide
- 15 Underlying Offences
- 16 Genocide and other Forms of Criminal Involvement
- 17 General Remarks on Participation
- 18 Jurisdiction <i>ratione personae</i> and Applicable Law
- 19 The Person of the Perpetrator: Who Can Commit an International Crime?
- 20 Article 7(1) of the ICTY Statute and Article 6(1) of the ICTR Statute: ‘Direct’ Participation
- 21 Article 7(3) of the ICTY Statute and Article 6(3) of the ICTR Statute: Command or Superior Responsibility
- 22 Convictions Under Articles 7(1) and 7(3) of the ICTY Statute and Articles 6(1) and 6(3) of the ICTR Statute
- 23 Cumulative Charging and Cumulative Convictions
- 24 War Crimes and Crimes against Humanity
- 25 War Crimes and Genocide
- 26 Genocide and Crimes against Humanity
- 27 Applicable Law and Purposes of Sentencing
- 28 Relevant Factors in Sentencing
- 29 Other Available Penalty: Return of Property
- 30 Enforcement of Sentences
- 31 Concluding Remarks
- Select Bibliography
- Annexes
- Index
Chapeau Elements of Crimes against Humanity
Chapeau Elements of Crimes against Humanity
- Chapter:
- (p.155) 11 Chapeau Elements of Crimes against Humanity
- Source:
- International Crimes and the Ad Hoc Tribunals
- Author(s):
Guénaél Mettraux
- Publisher:
- Oxford University Press
What distinguishes a crime against humanity from an ordinary crime (or from other international crimes) is the requirement that it must have been committed in the context of a widespread or systematic attack against a civilian population. This requirement, which constitutes the chapeau or general requirements of crimes against humanity, must be seen as a whole and sets out the necessary context in which the acts of the accused must be inscribed. For the purpose of discussion, it may be divided, however, into five sub-elements: an attack; a link or nexus exists between the acts of the accused and the attack; the attack is directed against any civilian population; the attack is widespread or systematic; and the perpetrator has the appropriate state of mind or mens rea.
Keywords: crimes against humanity, attack, accused, civilian population, mens rea
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- Title Pages
- Foreword by The Hon David Hunt AO QC<sup>*</sup>
- Preface
- Table of Cases
- 1 General Remarks – The Creation and Jurisdiction of the <i>ad hoc</i> Tribunals
- 2 Subject-Matter Jurisdiction and Applicable Law – Customary International Law and Treaty Law?
- 3 Identifying Customary International Law and the Role of Judges in the Customary Process
- 4 Binding Precedents and Internal Jurisprudential Hierarchy
- 5 War Crimes in the Statutes of the <i>ad hoc</i> Tribunals
- 6 <i>Chapeau</i> Elements of War Crimes
- 7 Grave Breaches of the 1949 Geneva Conventions
- 8 Other Serious Violations of the Laws or Customs of War: Underlying Offences
- 9 War Crimes in Internal Armed Conflicts
- 10 Crimes against Humanity in the Statutes of the <i>ad hoc</i> Tribunals
- 11 <i>Chapeau</i> Elements of Crimes against Humanity
- 12 Underlying Offences
- 13 Genocide and International Criminal Tribunals
- 14 General or <i>Chapeau</i> Elements of Genocide
- 15 Underlying Offences
- 16 Genocide and other Forms of Criminal Involvement
- 17 General Remarks on Participation
- 18 Jurisdiction <i>ratione personae</i> and Applicable Law
- 19 The Person of the Perpetrator: Who Can Commit an International Crime?
- 20 Article 7(1) of the ICTY Statute and Article 6(1) of the ICTR Statute: ‘Direct’ Participation
- 21 Article 7(3) of the ICTY Statute and Article 6(3) of the ICTR Statute: Command or Superior Responsibility
- 22 Convictions Under Articles 7(1) and 7(3) of the ICTY Statute and Articles 6(1) and 6(3) of the ICTR Statute
- 23 Cumulative Charging and Cumulative Convictions
- 24 War Crimes and Crimes against Humanity
- 25 War Crimes and Genocide
- 26 Genocide and Crimes against Humanity
- 27 Applicable Law and Purposes of Sentencing
- 28 Relevant Factors in Sentencing
- 29 Other Available Penalty: Return of Property
- 30 Enforcement of Sentences
- 31 Concluding Remarks
- Select Bibliography
- Annexes
- Index
