Organizing Rebellion Symposium: Context or Abstract? A victim-centric approach to understanding key elements of crimes against humanity

I fully agree with Rodenhäuser that international intervention as envisioned in the Rome Statute is unwarranted where domestic law enforcement structures function and the state has demonstrated a willingness and ability to address the crimes by itself. This is the essence of the principle of complementarity. However, I wonder if the inclusion of the “societal context” to the elements of what distinguishes a crime against humanity from “ordinary crimes,” would result in a limitation of the scope of crimes against humanity. This may possibly achieve a different end than Rodenhäuser might have intended. Rodenhäuser seems to acknowledge this since he adds that while “this conceptual understanding of CAH is not fully embraced in the crime’s legal definition, it can provide important guidance in borderline questions.” Perhaps, and perhaps not.