international criminal law review 16 (2016) 1-31 301856 © koninklijke brill nv, leiden, 2016 | doi 10.1163/15718123-01701001 brill.com/icla International Criminal Law Review Towards a Single and Comprehensive Notion of ‘Civilian Population’ in Crimes against Humanity Rosa Ana Alija Fernández Senior Lecturer of Public International Law and International Human Rights Law, Department of Criminal Law and Criminology and Public International Law, Universitat de Barcelona, Barcelona, Spain ralija@ub.edu Jaume Saura Estapà Professor of Public International Law and International Human Rights Law, Department of Criminal Law and Criminology and Public International Law, Universitat de Barcelona, Barcelona, Spain jsaura@ub.edu. Abstract Although an essential element of the definition of crimes against humanity is that a civilian population be targeted, there is no agreement on what ‘civilian population’ means in this context. The notion has been given different meanings depending on whether the crimes are committed in times of conflict or peacetime. In times of con- flict, preference is given to a broad approach based on international humanitarian law. More problematic is the attribution of a specific content to the notion in peacetime, where even discrimination has been suggested as a defining criterion. In this article we contend that a single notion of ‘civilian population’ in crimes against humanity applicable in every circumstance is needed. Hence, we suggest determining the civil- ian population on the basis of the rules on State responsibility in international human rights law and general international law in order to exclude those endowed with public authority from the civilian population. * Jaume Saura Estapà is a member of the TransJus Research Institute (ub) and Deputy General to the Síndic de Greuges (Catalan Ombudsman). This paper was written in the framework of the research project La exigibilidad jurídica internacional de los derechos económicos, sociales y culturales en períodos de crisis” (Spanish Ministry of Innovation and Science, der2012-30652). 0002886852.INDD 1 10/20/2016 10:03:31 AM