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THE OVERLAPPING BETWEEN WAR CRIMES AND CRIMES AGAINST HUMANITY IN INTERNATIONAL CRIMINAL LAW

THE OVERLAPPING BETWEEN WAR CRIMES AND CRIMES AGAINST HUMANITY IN INTERNATIONAL CRIMINAL LAW 1. INTRODUCTION Following the rapid development of international criminal law since the Second World War, the precise definition of the concepts of "war crimes" and "crimes against humanity" has become increasingly vital. In this regard, the Nuremberg International Military Tribunal (IMT), the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have played a crucial role, directly influencing the content of the Statute (especially Articles 6-8) of the International Criminal Court (ICC), adopted at the 1998 Rome Diplomatic Conference.' I Nevertheless, insofar as these concepts have been jointly applied in judicial practice, the question has emerged as to which features distinguish the two types of offences when, all else being equal, the same act, for instance murder, is classed both as a war crime and as a crime against humanity. In fact, it is clear that if a defendant is found guilty of both crimes as a result of one act, he could claim the violation of the substantive ne bis in idem principle, according to which, when two or more criminal provisions concur in respect of the same act, the perpetrator cannot suffer more than one penalty. The purpose of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Italian Yearbook of International Law Online Brill

THE OVERLAPPING BETWEEN WAR CRIMES AND CRIMES AGAINST HUMANITY IN INTERNATIONAL CRIMINAL LAW

The Italian Yearbook of International Law Online , Volume 12 (1): 23 – Jan 1, 2002

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6133
DOI
10.1163/221161302X00075
Publisher site
See Article on Publisher Site

Abstract

1. INTRODUCTION Following the rapid development of international criminal law since the Second World War, the precise definition of the concepts of "war crimes" and "crimes against humanity" has become increasingly vital. In this regard, the Nuremberg International Military Tribunal (IMT), the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) have played a crucial role, directly influencing the content of the Statute (especially Articles 6-8) of the International Criminal Court (ICC), adopted at the 1998 Rome Diplomatic Conference.' I Nevertheless, insofar as these concepts have been jointly applied in judicial practice, the question has emerged as to which features distinguish the two types of offences when, all else being equal, the same act, for instance murder, is classed both as a war crime and as a crime against humanity. In fact, it is clear that if a defendant is found guilty of both crimes as a result of one act, he could claim the violation of the substantive ne bis in idem principle, according to which, when two or more criminal provisions concur in respect of the same act, the perpetrator cannot suffer more than one penalty. The purpose of

Journal

The Italian Yearbook of International Law OnlineBrill

Published: Jan 1, 2002

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