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

Graham, Luke (2018) 'Austerity' Policies as Crimes Against Humanity : An Assessment of UK Social Security Policy Since 2008. Queen Mary Law Journal, 9. pp. 7-25. ISSN 1470-3335

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Abstract

This article will examine whether UK social security policies, since 2008, could potentially 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'). After defining what constitutes a CAH, the extent to which social security policy in the UK may be attacked 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 UK can amount to a CAH of other inhumane acts under Article 7(1)(k) of the Rome Statute.