The legal foundation for criminalizing international crimes: a response to Kevin Jon Heller

SOURCE: Harvard International Law Journal
OUTPUT TYPE: Journal Article
PUBLICATION YEAR: 2018
TITLE AUTHOR(S): M.Swart
KEYWORDS: CRIME, HELLER, KEVIN JON, INTERNATIONAL AFFAIRS
DEPARTMENT: Democracy, Governance and Service Delivery (DGSD)
Print: HSRC Library: shelf number 10288

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Abstract

This response will evaluate Heller???s argument. It will be argued that although the positivistic approach is more palatable to international lawyers of civil law sensibility and fits better with the demand that law should satisfy certain objective expectations such as the principle of legality, a purely positivistic approach as the basis for international criminalization is not convincing since it fails to explain or accommodate the various natural law influences in international criminal law.