Crimes Against Humanity: A Normative Account

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April 2010



This analysis of the philosophical foundations of international criminal law focuses on the moral, legal, and political questions that arise when individuals who commit collective crimes, such as crimes against humanity, are held accountable by international criminal tribunals. These tribunals challenge one of the most sacred prerogatives of states--sovereignty--and breaches to this sovereignty can only be justified in limited circumstances. The book should appeal to students of international law, political philosophy, international relations, and human rights theory.


Part I. Universal Norms and Moral Minimalism: 1. Introduction; 2. Jus cogens norms; 3. Custom, opinio juris, and consent; Part II. Principles of International Criminal Law: 4. The security principle; 5. The international harm principle; 6. International crime: the case of rape; Part III. Prosecuting International Crimes: 7. Prosecuting minor players for crimes against humanity; 8. Prosecuting state leaders for crimes against humanity; 9. Prosecuting genocide amidst widespread complicity; Part IV. Defenses and Alternatives: 10. Superior orders, duress, and moral perception; 11. The international rule of law; 12. Victims and convictions; 13. Reconciliation and amnesty programs.


Larry May is Professor of Philosophy at Washington University, St Louis.


'Humanity has been much written about, but not crimes against it. This book, which combines insights into moral and social philosophy and law reminds us of the need to translate our professed human values into action to prevent their depredations. It is through such intellectual writings that our conscience is stirred to action.' M. Cherif Bassiouni, DePaul University College of Law 'Larry May brings an unusual combination of talents to this probing analysis of international criminal justice: philosophical insight and experience as a practicing criminal lawyer. Philosophers as well as international lawyers and experts on international relations will profit from his balanced and sensitive discussion.' Allen Buchanan, Duke University 'Larry May has written a book on crimes against humanity that provides careful analysis of the core issues for anyone - whether lawyer, moral or political philosopher, or plain citizen - interested in this subject.' Democratiya 'Larry May has definitely written a must-read on human rights and the persecution of human rights violations. Philosophers, ethicists, lawyers, historians, functionaries, and politicians will hardly find another book that offers a more encompassing and compelling and yet delicate treatment of the subject and its philosophical ramifications.' Ethical Perspectives 'May's book is located in a relatively unexplored area of international criminal law scholarship, at the crossroads of legal theory and moral and political philosophy.' Journal of Peace Research
EAN: 9780521840798
ISBN: 0521840791
Untertitel: 'Cambridge Studies in Philosoph'. New. Sprache: Englisch.
Erscheinungsdatum: April 2010
Seitenanzahl: 328 Seiten
Format: gebunden
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