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

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


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