Towards a Philosophical Account of Crimes Against Humanity
Author(s) -
Catriona Ida Macleod
Publication year - 2010
Publication title -
european journal of international law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.607
H-Index - 59
eISSN - 1464-3596
pISSN - 0938-5428
DOI - 10.1093/ejil/chq031
Subject(s) - humanity , crimes against humanity , sociology , epistemology , criminology , law , environmental ethics , political science , philosophy , war crime , international law
In this article I discuss the nature of crimes against humanity. The various definitions that have been used, or alluded to, in the legal literature are outlined, and it is suggested that they fall neatly into two camps by interpreting ‘humanity’ differently. It is proposed that any theory which adequately captures the nature of this crime must distinguish it qualitatively from other ‘lower’ crimes, and that only members of one camp can do this. I go on to argue for one particular way of treating the crime – regarding it as a crime which hurts all humanity – and recommend adopting a view under which we would regard all humanity as one entity
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