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The Nuremberg Military Tribunals and the Origins of International Criminal Law$
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Kevin Jon Heller

Print publication date: 2011

Print ISBN-13: 9780199554317

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199554317.001.0001

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Crimes Against Humanity

Crimes Against Humanity

(p.231) 10 Crimes Against Humanity
The Nuremberg Military Tribunals and the Origins of International Criminal Law

Kevin Jon Heller

Oxford University Press

This chapter discusses the tribunals' interpretation of the crimes against humanity provision in Law No. 10. Sections 1–3 examine the three categories of crimes against humanity that were discussed by the tribunals: atrocities and persecutions committed in occupied territory that also qualified as war crimes; wartime atrocities and persecutions committed outside of occupied territory; and atrocities and persecutions committed before the war. Section 4 then discusses the contextual elements that the tribunals applied to all three categories of crimes against humanity — their widespread and systematic commission pursuant to a government policy. Finally, Section 5 focuses on the specific crimes against humanity enumerated in Article II(1)(c), with an emphasis on genocide.

Keywords:   crimes against humanity, persecution, occupied territory, nexus requirement, contextual elements, policy requirement, genocide

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