Crimes against Humanity
A Normative Account

This book was the first booklength treatment of the philosophical foundations of international criminal law.

Larry May (Author)

9780521600514, Cambridge University Press

Paperback, published 22 November 2004

326 pages
23.1 x 16.3 x 1.8 cm, 0.48 kg

'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

This book was the first booklength treatment of the philosophical foundations of international criminal law. The focus is 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 be justified in limited circumstances, following what the author calls a minimalist account of the justification of international prosecution. Written in a clear and accessible style, this book should appeal to anyone with an interest in 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.

Subject Areas: International humanitarian law [LBBS], International relations [JPS], Social & political philosophy [HPS]