The Policy underlying Crimes against Humanity: Practical Reflections on a Theoretical Debate

M. Cupido

Research output: Contribution to JournalArticleAcademicpeer-review

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Abstract

This article argues that the debate concerning the theoretical char- acterization of the policy requirement as either an element of crime or an evidentiary relevant circumstance for crimes against humanity is deficient. Comparative case law analysis illustrates that this characterization does not fundamentally affect the po- sition, meaning and scope of the policy underlying crimes against humanity in judicial practice. This can be explained by the ‘‘open texture’’ of legal rules and the factor-based character of judicial decision-making. This article aims to initiate a practical debate that evaluates the added value of a policy element on the basis of its application in individual cases.
Original languageEnglish
Pages (from-to)275-309
JournalCriminal Law Forum
Volume22
Issue number3
DOIs
Publication statusPublished - 2011

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