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Article
Push the Envelope –Watch It Bend: Removing the Policy Requirement and Extending Crimes Against Humanity
Leiden Journal of International Law (2010)
  • Matt Halling
Abstract

This article argues for amending the Rome Statute to remove the state or organizational policy requirement from the classification of crimes against humanity. After a brief look at the requirement itself, the article presents arguments to show how the policy loophole creates an accountability loophole in international criminal law, and how removing it both resolves inconsistencies in the Rome statute and facilitates prosecutions for international crimes. The article’s final section examines and responds to leading arguments for keeping the policy requirement. The article is intended to show how the policy requirement limits international criminal law’s scope in unwelcome ways and to challenge the use of state or organizational policy as a dividing line between domestic and international crimes.

Disciplines
Publication Date
Fall 2010
Publisher Statement
Official copyright for this work is held by Cambridge University Press. Cambridge material is in copyright and, except as provided under national law, may not be used without the express permission of Cambridge University Press. General enquiries from the USA and Canada should be addressed to the New York office of Cambridge University Press; general enquiries from elsewhere should be addressed to the Cambridge office; permission enquiries from Australia and New Zealand should be addressed to the Melbourne office; enquiries regarding Spanish-language translation rights (only) should be addressed to the Madrid office. Official Link to This Article: http://journals.cambridge.org/action/displayJournal?jid=LJL
Citation Information
Matt Halling. "Push the Envelope –Watch It Bend: Removing the Policy Requirement and Extending Crimes Against Humanity" Leiden Journal of International Law Vol. 23 (2010)
Available at: http://works.bepress.com/matt_halling/10/