Pravo (Dec 2023)

REVIEW OF THE DEFINITION OF CRIMES AGAINST HUMANITY IN CASE-LAW OF THE AD HOC TRIBUNALS

  • Bojan Budiša,
  • Joko Dragojlović,
  • Branislav Babić

DOI
https://doi.org/10.5937/ptp2304073B
Journal volume & issue
Vol. 40, no. 4

Abstract

Read online

Crime against humanity is one of the oldest international crimes, sanctioned by the international community since the early twentieth century. Throughout the twentieth century, the concept of this international crime has evolved, and its definition and scope have undergone changes from the Nuremberg Tribunal, through ad hoc international tribunals for the former Yugoslavia and Rwanda, up to the Statute of the International Criminal Court. However, ever since the first codification of this international crime, there has been a challenge in fully determining it. This is evident from continuous efforts at the United Nations to adopt a comprehensive special convention that will codify all rules related to crimes against humanity. This paper will demonstrate the development of the definition of crimes against humanity through statutory prescriptions in the statutes and jurisprudence of ad hoc tribunals and the International Criminal Court, which have significantly influenced the definition of crimes against humanity.

Keywords