Legality Matters: Crimes Against Humanity and the Problems and Promise of the Prohibition on Other Inhumane Acts

This book explores the interpretation of the crimes against humanity proscription of other inhumane acts by international criminal courts and tribunals. It argues that the current approach is based on a misunderstanding of the nature of the clause and proposes a new framework for understanding it. The author suggests that retroactive criminal laws can be deployed in a fair legal system, drawing lessons from an exploration of the way the prohibition on retroactive laws is applied in practice.

Format: Paperback / softback
Length: 196 pages
Publication date: 13 February 2022
Publisher: T.M.C. Asser Press

This comprehensive book delves into the intricate examination of how international criminal courts and tribunals have interpreted the crimes against humanity provision, which encompasses a wide range of inhumane acts. Despite the existence of a lengthy list of more specific offenses prohibited as crimes against humanity, this provision remains consistently employed. The volume argues that the current approach to interpreting the clause is flawed and suggests that it is an invitation for courts to establish and apply retroactive criminal laws. However, this raises a significant problem, as a blanket prohibition on the use of retroactive criminal laws, without any exceptions, is deeply ingrained in international law.

In response to this challenge, the author proposes a reevaluation of the assumption that retroactive criminal laws can never be implemented within a fair and just legal system. Drawing upon an in-depth exploration of how the prohibition on retroactive laws is applied in practice, the author offers a novel framework for understanding the clause that prohibits the commission of other inhumane acts. This book holds immense relevance for anyone with an interest in international criminal law or criminal law theory.

Gillian MacNeil, an Assistant Professor at Robson Hall, the Faculty of Law of the University of Manitoba in Winnipeg, Canada, has authored this insightful and thought-provoking work.

Weight: 332g
Dimension: 235 x 155 (mm)
ISBN-13: 9789462654457
Edition number: 1st ed. 2021