Conceptualization matters : Crimes against humanity in criminal law of the Republic of Azerbaijan

The first national prosecution of international crimes in Baku Military Court proved national
criminal law to be omitted certain internationalizing elements of crimes against humanity,
namely the “State or organizational policy” and “the knowledge of the attack” requirements.
In turn, the explanatory note of the Criminal Code of the Republic of Azerbaijan related to
crimes against humanity provides a vague definition of those crimes. This shortcoming
derives from the conceptualization of these crimes in domestic criminal law and makes it
difficult to differentiate such crimes from ordinary criminality. It also undermines the
generally recognized principles and norms of international law and, thereby, the
functionality of international criminal justice in the national jurisdiction. This paper then
argues that the criminal law of the Republic of Azerbaijan should reflect the current features
of customary international law with regard to crimes against humanity by incorporating the
“State or organizational policy” and “the knowledge of the attack” requirements into the
Criminal Code.