'Austerity' Policies as Crimes Against Humanity: An Assessment of UK Social Security Policy Since 2008

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Abstract

This article will examine as to whether U.K. social security policies since 2008 could
constitute one or more crimes against humanity (CAH). This examination will focus on the
likely approach of the International Criminal Court (ICC) based upon an analysis of existing
international criminal jurisprudence including the International Criminal Tribunal for the
former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR).
Following on from defining what constitutes a CAH, the extent to which social security
policy in the U.K. may have been an attack for the purpose of constituting a CAH will be
explored. Following this, the extent to which the pre-requisite mental element is satisfied will
be analysed. It will ultimately be concluded that austerity driven social security policy in the
U.K. can amount to crime against humanity of other inhumane acts under article 7 (1) (k) of
the Rome Statute.
Original languageEnglish
Pages (from-to)5-23
Number of pages19
JournalQueen Mary Law Journal
Volume9
Publication statusPublished - 1 Apr 2018

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