Chapeau or Contextual Elements

Abstract

Abstract This chapter addresses the chapeau or contextual elements of crimes against humanity. To constitute a crime against humanity, a crime must be committed in the context of and as part of a widespread or systematic attack against a civilian population. This contextual element is the core distinguishing feature of crimes against humanity. It highlights their collective character and excludes isolated or random criminal acts. It also distinguishes crimes against humanity from ordinary crimes and other categories of international crimes. As a matter of customary international law, the chapeau element of crimes against humanity may be divided into five sub-elements: (i) there must be an ‘attack’; (ii) the attack must be ‘directed against any civilian population’; (iii) the attack must be ‘widespread or systematic’; (iv) there must be a sufficient link or ‘nexus’ between the acts of the accused and the attack; and (v) the accused must have known that there was a widespread or systematic attack directed against a civilian population, and he must have known that his acts formed part of that attack.