ABSTRACT

One of the most interesting developments of this time has been the growing influence of human rights law on international humanitarian law. The developments are epitomized by the inclusion in the Treaty of Rome of common Article 3 and of crimes against humanity. The pertinent provisions contain norms which are virtually indistinguishable from fundamental human rights. The Treaty of Rome made an important contribution to the protection of human rights also in its impact on the thresholds of applicability of international humanitarian law. Under the Statute, the crimes against humanity are applicable to all situations, including peace and internal wars and strife. One of the problems with the criminalization of violations of international humanitarian law has been the lack of specificity in the definitions of the pertinent crimes, facilitating, in some cases the claim that the maxim nullum crimen sine lege was applicable to protect the defendant.