Journal Article

Do Crimes Against Humanity Require the Participation of a State or a ‘State-like’ Organization?

Gerhard Werle and Boris Burghardt

in Journal of International Criminal Justice

Volume 10, issue 5, pages 1151-1170
Published in print December 2012 | ISSN: 1478-1387
Published online November 2012 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqs069
Do Crimes Against Humanity Require the Participation of a State or a ‘State-like’ Organization?

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Under Article 7(2)(a) of the ICC Statute, crimes against humanity require that a widespread or systematic attack on a civilian population be committed ‘pursuant to or in furtherance of a State or organizational policy to commit such attack’. The interpretation of the term ‘organization’, in particular, is controversial. The authors advocate the view that the term should be understood to reflect the ordinary meaning of the concept: it includes any association of persons with an established structure. Systematic as well as teleological reasons argue against limiting the term to ‘state-like’ organizations.

Journal Article.  9728 words. 

Subjects: Criminal Law ; International Law

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