ABSTRACT
Crimes against humanity and genocide were initially developed as international crimes in response to atrocities committed against civilians during the Second World War. This chapter focuses on when persons hors de combat can be victims of crimes against humanity. It investigates the drafting history of various definitions of the chapeau element of the crime, and examines the jurisprudence on this issue from international criminal tribunal (ICT). The issue of whether persons hors de combat could be victims of crimes against humanity arose in a number of cases before post-Second World War tribunals. The chapter explores International Law Commission's (ILC) approach; the approach taken in the International Criminal Tribunal for former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR) and Special Court for Sierra Leone (SCSL) Statutes; and finally, approach taken in the International Criminal Court (ICC) Statute. The ILCs first duty was to formulate a set of principles of international law arising from London Charter and Judgment of Nuremberg tribunal.
