Crimes against Humanity: Historical Evolution and Contemporary Application

by M. Cherif Bassiouni

This book traces the evolution of crimes against humanity (CAH) and their application from the end of World War I to the present day, in terms of both historic legal analysis and subject-matter content. The first part of the book addresses general issues pertaining to the categorization of CAH in normative jurisprudential and doctrinal terms. This is followed by an analysis of the specific contents of CAH, describing its historic phases going through international criminal tribunals, mixed model tribunals, and the International Criminal Court. This includes both a normative and jurisprudential assessment as well as a review of doctrinal material commenting on all of the above. The book examines the general parts and defenses of the crime, along with the history and jurisprudence of both international and national prosecutions. For the first time, a list of all countries that have enacted national legislation specifically directed at CAH is collected, along with all of the national prosecutions that have occurred under national legislation up to 2010. The book constitutes a unique and comprehensive treatment of all legal and historical aspects pertaining to crimes against humanity in a single definitive volume.

884 pages, Hardcover

First published August 28, 1992

About the author

Mahmoud Cherif Bassiouni is a United Nations war crimes expert born in 1937. He is a Distinguished Research Professor of Law Emeritus at DePaul University College of Law in Chicago (since 1964) and President Emeritus of the University's International Human Rights Law Institute (1990–2006; 2007–09). He is also President of the Istituto Superiore Internazionale di Scienze Criminali (International Institute of Higher Studies in Criminal Sciences) (ISISC) in Siracusa, Italy (since 1988), he was also Dean of ISISC (1976–1988). He was the Secretary General of the International Association of Penal Law (Internationale Association De Droit Penal) (IADP) from 1974–1989, he was the President of the IADP from 1989–2004, and is currently the Association's Honorary President. He has been a non-resident Professor of Criminal Law at the University of Cairo since 1996, and was a Guest Scholar at the Woodrow Wilson International Center for Scholars in Washington, DC in 1972. He was also a Visiting Professor of Law at New York University Law School in 1971, and was a Fulbright-Hays Professor of International Criminal Law at the University of Freiburg, Germany in 1970. In addition, he is a frequent lecturer at universities in the US and abroad. He is also admitted to the practice of law in Illinois, Washington, DC, the United States Supreme Court, and the Second, Fifth, Seventh, Ninth, and Eleventh Circuits and the United States Court of Military Appeals. He is also admitted to practice before the Egyptian Supreme Court. Bassiouni has handled many international cases on extradition and international cooperation in criminal matters, and coordinated major litigation involving multiple parties, including states, on matters involving international law. In 2007, he was awarded the Hague Prize for International Law for his "distinguished contribution in the field of international law". The winner of the Hague Prize is given the honour of selecting the fundamental principal of law on which the Hague Colloquium will be organized. Recently, Cherif has spoken out in support of the Gaza flotilla.