Darryl Robinson is Associate Professor at Queen’s University Faculty of Law] I am delighted to offer this comment on Leila Sadat’s excellent article on crimes against humanity in the modern age. Her article makes several important contributions. I agree with her central normative point, which is that ICC jurisprudence has often been too restrictive and too demanding in its interpretation of the policy element. If we trace the history of academic discourse around the policy element, we see that it has had gone through cycles of ascendance and decline. For decades after Nuremberg, the policy element seemed fairly generally supported (see eg Keenan, Bassiouni). In the nineties, following this tradition, it was recognized in the Tadic decision and the ICC Statute. Around that time, however, the tide of academic opinion turned against it. Most commentary grew quite skeptical. The nadir for the element was the ICTY’s about-face in Kunarac, which repudiated the element en passant in a highly controversial footnote. Recently, the element has enjoyed a scholarly resurgence, led by thoughtful pieces by Bill Schabas (here) and Claus Kress (here), advocating that a policy element is not only legally required but conceptually required, in order for the law of crimes against humanity to make sense. I am in a very similar camp to these two scholars, in that I think that some form of policy element has doctrinal support and, more importantly, is conceptually essential. My only caveat was that the element was perhaps at times cast a bit too stringently. Leila’s article is a leading and welcome example of the latest movement, which is a mildly corrective counter-movement, arguing for a modest threshold. Leila gives arguments based in customary law precedents for an inclusive concept of the type of ‘organization’ that may be behind a crimes against humanity. In a similar direction, Gerhard Werle and Boris Burghardt give arguments based in the ordinary meaning of the term ‘organization’ (here), and Charles Jalloh has noted the possible Euro-centricism of a rigid concept of organization that does not regard tribal groups as a sufficient form of organization (here). I have also given arguments based in the theory underlying the element (here). While I acknowledge that the narrower view, requiring a state-like entity, can also be supported by a principled theory (‘betrayal of the responsibility to protect’), I suggested that the essence of crimes against humanity may be humans acting collectively to harm humans. The purpose of the policy element is simply to exclude the ‘normal’ crime patterns of individuals acting on their own initiatives. This purpose is satisfied by a modest threshold, encompassing coordination by many types of organization. I think Leila’s contrast of a ‘traditional’ and a ‘modern’ view of the dangers posed by organizations is another helpful contribution. In this comment, I wish to expand upon Leila’s thesis, by highlighting the most recent confirmation decision in Gbagbo.