It can be shown that – as with the tie between crimes against humanity and the perpetration of other international crimes in the Charter of the International Military Tribunal in Nuremberg – the context element of the crimes against humanity as set out in the Rome Statute is based on the international law principle of non-interference in the affairs of a foreign country, and only serves to justify ‘international’ jurisdiction in respect of crimes which are typically already punishable pursuant to the lex loci commissii. As a consequence, the feature of a ‘widespread or systematic attack directed against any civilian population’ is not an aggravating circumstance in respect of the material facts of the case that define the wrong of the act (Unrecht) or the offender's blameworthiness (Schuld), but a jurisdictional element which is a mere precondition for prosecution only.
