This book examines the way international criminal courts and
tribunals have interpreted the crimes against humanity proscription
of other inhumane acts. This clause is consistently used in spite
of the long list of more specific offences forbidden as crimes
against humanity. The volume proposes that the current approach is
based on a misunderstanding of the nature of the clause. Properly
understood, the clause is an invitation to courts to create and
apply retroactive criminal laws. This leads to a problem. A
prohibition on the use of retroactive criminal laws, one which
admits no exceptions, is deeply embedded in international law. The
author argues that it is time to revisit the assumption that
retroactive criminal laws can never be deployed in a fair legal
system. Drawing lessons from an exploration on the way the
prohibition on retroactive laws is applied in practice, she
proposes a new framework for understanding the clause proscribing
the commission of other inhumane acts. This book will be of
relevance to anyone interested in international criminal law or
criminal law theory. Gillian MacNeil is Assistant Professor at
Robson Hall, the Faculty of Law of the University of Manitoba in
Winnipeg, Canada.
General
| Imprint: |
T.M.C. Asser Press
|
| Country of origin: |
Netherlands |
| Series: |
International Criminal Justice Series, 28 |
| Release date: |
February 2021 |
| First published: |
2021 |
| Authors: |
Gillian MacNeil
|
| Dimensions: |
235 x 155mm (L x W) |
| Format: |
Hardcover
|
| Pages: |
196 |
| Edition: |
1st ed. 2021 |
| ISBN-13: |
978-9462654426 |
| Categories: |
Books >
Law >
International law >
International criminal law
|
| LSN: |
9462654425 |
| Barcode: |
9789462654426 |
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