01005767 Case File No. 002/19-09-2007/ECCC/TC E313 4.1.1. Law 176. As previously held by this Chamber and affirmed by the Supreme Court Chamber, crimes against humanity have been established international crimes since the Nuremberg Charter and formed part of customary international law during the period of the ECCC’s temporal jurisdiction.525 Therefore charges of crimes against humanity pursuant Article 5 of the ECCC Law accord with the principle of legality,526 subject to an additional finding that charged offences or modes of responsibility were “sufficiently foreseeable and that the law providing for such liability [was] sufficiently accessible [to the accused] at the relevant time.”527 Such analysis is to be conducted at the level of the underlying crime or mode of liability, rather than for the category of crimes against humanity as a whole. 177. Offences listed in Article 5 of the ECCC Law constitute crimes against humanity only if the following chapeau requirements are established: (i) there is an attack; (ii) that is widespread or systematic; (iii) and directed against any civilian population; (iv) on national, political, ethnical, racial or religious grounds; (v) there is a nexus between the acts of the direct perpetrator and the attack; and (vi) the accused or the perpetrator has the requisite knowledge.528 The Chamber has held previously that the definition of crimes against humanity under customary international law in 1975 no longer requires a nexus to armed conflict.529 Consequently, the Chamber against human dignity); 1448-1469 (other inhumane acts, forced transfer); 1470-1478 (other inhumane acts, enforced disappearances). As concerns murder, See also, Annex: List of paragraphs and portions of the Closing Order relevant to Case 002/01, amended further to the Trial Chamber’s Decision on IENG Thirith’s Fitness to Stand Trial (E138) and the Trial Chamber’s Decision on Co-Prosecutors’ Request to Include Additional crime Sites within the Scope of Trial in Case002/01 (E163), E124/7.3, pp. 2-3. 525 KAING Guek Eav Trial Judgement, paras 283-289; KAING Guek Eav Appeal Judgement, paras 100-104. 526 KAING Guek Eav Trial Judgement, paras 283-296; KAING Guek Eav Appeal Judgement, paras 100-104. 527 KAING Guek Eav Appeal Judgement, para. 96, citing Ojdanić Jurisdiction Appeal Decision (Joint Criminal Enterprise), paras 21, 37. 528 KAING Guek Eav Appeal Judgement, para. 106; KAING Guek Eav Trial Judgement, para. 297. 529 KAING Guek Eav Trial Judgement, paras 291-292; Decision on Co-Prosecutors’ Request to Exclude Armed Conflict Nexus Requirement from the Definition of Crimes Against Humanity, E95/8, 26 October 2011, para. 33. Case 002/01, Judgement, 7 August 2014 - Public 100