2009•Leiden Journal of International LawRequires access

Defining Victims of Crimes against Humanity: Martić and the International Criminal Court

Joakim Dungel

Abstract

Abstract In Martić, the ICTY held that the term ‘civilian’ in the chapeau of crimes against humanity excludes persons hors de combat, but that such persons may still be victims of crimes against humanity. This paper analyses that holding and its applicability before the ICC. It observes that the holding may result in additional protection to prisoners of war, leave the group of victims of crimes against humanity undefined, and render the term ‘civilian’ in the chapeau nugatory. Some recommendations are offered in these regards.

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Key concepts: Humanity, Crimes against humanity, War crime, Criminology, Law, Political science, Criminal court, Term (time)