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definition of victim

Leiden Journal of International Law (1)

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Defining Victims of Crimes against Humanity: Martić and the International Criminal Court
JOAKIM DUNGEL
Journal:

Leiden Journal of International Law / Volume 22 / Issue 4 / December 2009

Published online by Cambridge University Press:

28 October 2009, pp. 727-752

Print publication:

December 2009
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In Martić, the ICTY held that the term ‘civilian’ in the chapeau of crimes against humanity excludes persons hors de combat, but that such persons may still be victims of crimes against humanity. This paper analyses that holding and its applicability before the ICC. It observes that the holding may result in additional protection to prisoners of war, leave the group of victims of crimes against humanity undefined, and render the term ‘civilian’ in the chapeau nugatory. Some recommendations are offered in these regards.