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Since the Nuremberg trials of the 1940s, there has been an expansion of the list of crimes recognized under international law. While crimes such as genocide and the crime against humanity were provided for under international Charters, most of their contextualisation came through various court interpretation of international customary law. What became obvious and somewhat complex to most scholars and commentators is the overlap between crimes against humanity and those considered as genocide. Espousing on the nature of this overlap, Fenrick states, "just as genocide has become the offense which represents what happened in Germany during 1944, so the crime against humanity and persecution has come to typify what happened in the territory of the former Yugoslavia." This paper intends to give a simplified overview of the existing contention both of definition and application and to also argue the importance of either a clear demarcation or a framework for harmonisation of the two crimes.

iosr journal of humanities and social science

The Need for a Clear Legal and Contextual Framework to Distinguish Between the Crime of Genocide and the Crimes Against Humanity in Modern International Criminal Law.