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May 25, 20260 citationsOpen Access

The legal foundation for criminalizing international crimes: a response to Kevin Jon Heller

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HCHuman Sciences Research Council

Key Points

  • This response evaluates Kevin Jon Heller’s argument regarding the foundation for criminalizing international crimes.
  • Critical analysis of Heller’s argument
  • Examination of positivism in international law
  • Assessment of natural law influences
  • Positivistic approach aligns with objective expectations in law but is deemed insufficient
  • Natural law influences are essential for a convincing legal foundation in international criminalization

Abstract

This response will evaluate Heller���s argument. It will be argued that although the positivistic approach is more palatable to international lawyers of civil law sensibility and fits better with the demand that law should satisfy certain objective expectations such as the principle of legality, a purely positivistic approach as the basis for international criminalization is not convincing since it fails to explain or accommodate the various natural law influences in international criminal law.

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Cite This Study

Human Sciences Research Council (2026) studied this question.

synapsesocial.com/papers/6a13e8520e02ee3982d3308chttps://doi.org/10.14749/32382210
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