Humanness as a Protected Legal Interest of Crimes Against Humanity

Central to this book is the concept of humanity in international law. It traces the evolution of that concept within international law, studies the existing theories of crimes against humanity, and lays out its own theory based on an inclusive view of humanity. Crimes against humanity are core crimes under international law; their modern definition is found in the Rome Statute. However, their protective scope remains unclear, with the exact meaning of humanity left undefined in law.

The proposed theory argues that humanity should be understood as humanness and crimes against humanity should be criminalised because humanness constitutes these crimes' valid protected interest. This volume in the International Criminal Justice Series offers an analysis of the German doctrine of Rechtsgut to justify the penalization of crimes against humanity at both domestic and international levels.
This is the first monograph on crimes against humanity written by an author from the Commonwealth of Independent States (CIS) aimed at an international audience, and should constitute a useful tool for academics, students and practitioners of international law.
Rustam Atadjanov, LLB, LLM, Dr.jur., attained his Ph.D. at the University of Hamburg in Germany and is a former Legal Adviser to the Regional Delegation of the International Committee of the Red Cross in Central Asia, Tashkent, Uzbekistan.

Proposes solutions to existing problems regarding the analysis and structure of crimes against humanity by clarifying their protective scope Discusses both theoretical and practical aspects of the central issue and puts forward a new comprehensive theory of crimes against humanity which answers concrete and normative questions Provides new insights into unresolved legal or philosophical issues related to the concept of humanity in international criminal law Provides the first-ever comparative analysis of the protective scopes of crimes against humanity and other core crimes under international law Represents a new holistic, systematised as well as inter-disciplinary (law, history, philosophy) academic treatment of the subject

Inhalt

Introduction.- Main Substantive Terms, Their Basic Differences and Links, and Leading Working Hypothesis.- Historical Overview of the Development of the Concept of Humanityin International Law and Crimes against Humanity.- Humanity within the Contemporary Context of International Law Dealing with Crimes against Humanity.-Humanity as a Valid Protected Interest under the Rechtsgutstheorie.- The Protected Legal Interests of Crimes against Humanity and Other Core Crimes under International Law: A Comparative Analysis.- Conclusion.