In ‘The Enemy of All Humanity’, David Luban provides an insightful and plausible account of the idea of the hostis generis humani (one that shows that the hostis need not be understood to be an outlaw), and of the distinctive character of the crimes against humanity that the hostis commits. However, I argue in this paper, his suggestion that the hostis is answerable to a moral community of humanity (in whose name the ICC must thus claim to speak) is not tenable. Once we recognize the intimate connection between criminal law and political community, we can see that the hostis should answer to the local, domestic political community in and against which he commits his crimes; and that the proper role of the International Criminal Court, acting in the name of the community of nations, is to provide a second-best substitute for such answering when the local polity cannot or will not hold him to account. |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2018 |
Keywords | hostis generis humani, Luban, crimes against humanity, political community, international criminal law |
Authors | Antony Duff |
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