AN APPRAISAL OF THE DEVELOPMENT OF LEGAL FOUNDATION ON THE CONCEPT OF CRIMES AGAINST HUMANITY IN INTERNATIONAL LAW

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ABSTRACT

This dissertation entitled “An Appraisal of the Development of Legal Foundation on the Concept of Crimes against Humanity in International Law” aimed at examining the various constitutive legal instruments on the field of crimes against humanity in international law vis-à-vis the obligation of states to take practical measures to endure respect for the performance of such obligations under the various constitutive legal instruments. However, the justification for this research is that despite the fact that the term “crimes against humanity” has acquired enormous resonance in the legal and moral imaginations of the post-World War II which suggested that crimes against humanity are offences that aggrieved not only the victims and their own communities, but all human beings regardless of the community because such violate the very essence of the existence of humanity. Yet while the law limped lamely, the crime against humanity flourishes as if there is no law in existence, particularly of recent where there is an increase in violence at both local and international levels. For example, according to some estimates, nearly 170 million civilians have been subjected to genocide, war crimes and Crimes Against Humanity in the 21st century. In view of these events therefore the objective of this research is to identify the factors responsible for the prevalence of such crimes and to proffer solutions to the lapses identified (if any). In conclusion, it is recommended (among others) that there is the need for a specific international treaty on crimes against humanity which will provide a comprehensive definition of crimes against humanity; and by so doing it will harmonized constitutive elements of each of the crimes against humanity and promote greater certainty and uniformity in the development of the jurisprudence of the law of crimes against humanity. The sources of information relied upon here are relevant text materials, international instruments, domestic instruments, judicial authorities and internet materials

TABLE OF CONTENTS
Title page – – – – – – – – – – i
Declaration – – – – – – – – – – ii
Certification- – – – – – – – – – – iii
Dedication- – – – – – – – – – – iv
Acknowledgment – – – – – – – – – v
Table of Statutes – – – – – – – – – vi
Table of Cases – – – – – – – – – vii
Abstract – – – – – – – – – – viii
Table of Contents – – – – – – – – – ix
CHAPTER ONE: GENERAL INTRODUCTION
1.1 The Background of the Study – – – – – – 1
1.2 Statement of Problem – – – – – – – 8
1.3 Literature Review – – – – – – – – 10
1.4 The Scope of the Study – – – – – – – 22
1.5 Objectives of the Study – – – – – – – 22
1.6 Significance of the Study – – – – – – – 23
1.7 Research Methodology – – – – – – – 23
1.8 The Organizational Layout – – – – – – – 24
CHAPTER TWO: THE DEVELOPMENT OF THE CONCEPT AND LAW OF
CRIMES AGAINST HUMANITY
2.1 Introduction – – – – – – – – – 25
2.2 Historical Development of the Concept of Crimes Against Humanity – 25
2.3 Overview of the Evolution of the Concept of Crime Against Humanity- 32
2.4 The Influence of Nuremberg Conception of Crimes against Humanity
On the Development of International Criminal Law – – – 36
2.5 Evolutionary Development of the Distinctive Elements of the Notions of Crime against Humanity and Genocide: The Jurisprudence of ICTY

and ICTR – – – – – – – – – 58
CHAPTER THREE: ANALYSIS OF LEGAL FRAMEWORK ON THE
CONSTITUTIVE ELEMENTS OF CRIMES AGAINST HUMANITY
3.1 Introduction – – – – – – – – – 73
3.2 Analysis of the Constitutive Elements of Crimes against Humanity – 74
3.3 Acts Constituting Torture, and Rape and Sexual Abuse as Torture – 104
3.4 Differences between the Rome Statute, ICTY and ICTR statutes on
Crimes against Humanity, Genocide and War Crimes- – – – 122
3.5 Differences in the Contextual Requirement of Crime against Humanity
(CAH) – – – – – – – – – 131
CHAPTER FOUR: CHALLENGES IN THE PROSECUTION OF CRIME
AGAINST HUMANITY IN INTERNATIONAL LAW
4.1 Introduction – – – – – – – – – 134
4.2 Challenges Related to International Jurisdiction – – – – 135
4.3 High Burden of Proof – – – – – – – 139
4.4 Challenges of Legitimacy for the ICC- – – – – – 142
4.5 Intimidation and Withdrawal of Witnesses- – – – – 146
4.6 The Capacity to Entertain many cases at a time – – – – 147
4.7 The Challenges of Providing Adequate Funding for the Trials – – 148
4.8 Lack of Uniform Legal Regime – – – – – – 150
4.9 The USA and the ICC- – – – – – – – 154
CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1 Summary – – – – – – – – – 156
5.2 Findings – – – – – – – – – 158
5.3 Recommendations – – – – – – – – 165
5.4 Conclusion – – – – – – – – – 170
Bibliography – – – – – – – – – 173

 

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