Crime against humanity
Encyclopedia
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...

 Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. Murder; extermination; torture; rape; political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice. Isolated inhumane acts of this nature may constitute grave infringements of human rights, or depending on the circumstances, war crimes, but may fall short of falling into the category of crimes under discussion."

Historical development

In 1860 the American National Republican Convention included in their electoral platform, on which Abraham Lincoln stood for President, the following statement: "...we brand the recent re-opening of the African Slave Trade, under the cover of our national flag, aided by perversions of judicial power, as a crime against humanity and a burning shame to our country and age".
Another very significant early use of the phrase "crimes against humanity" came during the first world war when,
on May 24, 1915, the Allies of World War I
Allies of World War I
The Entente Powers were the countries at war with the Central Powers during World War I. The members of the Triple Entente were the United Kingdom, France, and the Russian Empire; Italy entered the war on their side in 1915...

, Britain
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...

, and Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...

, jointly issued a statement explicitly announcing, for the first time, the commission of a "crime against humanity" in response to the Armenian Genocide
Armenian Genocide
The Armenian Genocide—also known as the Armenian Holocaust, the Armenian Massacres and, by Armenians, as the Great Crime—refers to the deliberate and systematic destruction of the Armenian population of the Ottoman Empire during and just after World War I...

 and warned of personal responsibility for members of the Ottoman Government
Young Turks
The Young Turks , from French: Les Jeunes Turcs) were a coalition of various groups favouring reformation of the administration of the Ottoman Empire. The movement was against the absolute monarchy of the Ottoman Sultan and favoured a re-installation of the short-lived Kanûn-ı Esâsî constitution...

 and their agents.
At the conclusion of the war, an international war crimes commission recommended the creation of a tribunal to try "violations of the laws of humanity". However, the US representative objected to references to "law of humanity" as being imprecise and insufficiently developed at that time and the concept was not pursued.

Nuremberg trials

In the aftermath of the Second World War, The London Charter of the International Military Tribunal
London Charter of the International Military Tribunal
The London Charter of the International Military Tribunal was the decree issued on August 8, 1945, that set down the laws and procedures by which the Nuremberg trials were to be conducted.The charter stipulated that crimes of the European Axis Powers could be tried...

 was the decree that set down the laws and procedures by which the post-World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

 Nuremberg trials were to be conducted. The drafters of this document were faced with the problem of how to respond to the Holocaust and grave crimes committed by the Nazi regime. A traditional understanding of war crimes gave no provision for crimes committed by a power on its own citizens. Therefore, Article 6 of the Charter was drafted to include not only traditional war crimes and crimes against peace
Crime against peace
A crime against peace, in international law, refers to "planning, preparation, initiation, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing"...

, but in paragraph 6.c, Crimes Against Humanity defined as

In the Judgment of the International Military Tribunal for the Trial of German Major War Criminals it was also stated:

Tokyo trials

The International Military Tribunal for the Far East (IMTFE), also known as the Tokyo Trial, was convened to try
Criminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...

 the leaders of the Empire of Japan
Empire of Japan
The Empire of Japan is the name of the state of Japan that existed from the Meiji Restoration on 3 January 1868 to the enactment of the post-World War II Constitution of...

 for three types of crimes: "Class A" (crimes against peace), "Class B" (war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...

s), and "Class C" (crimes against humanity), committed during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

.

The legal basis for the trial was established by the Charter of the International Military Tribunal for the Far East (CIMTFE) that was proclaimed on 19 January 1946. The tribunal convened on May 3, 1946, and was adjourned on November 12, 1948.

A panel of eleven judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

s presided over the IMTFE, one each from victorious Allied powers (United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

, Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...

, Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....

, United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...

, Provisional Government of the French Republic
Provisional Government of the French Republic
The Provisional Government of the French Republic was an interim government which governed France from 1944 to 1946, following the fall of Vichy France and prior to the Fourth French Republic....

, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...

, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, British India, and the Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...

).

But in the Tokyo Trial, Crimes against Humanity (Class C) was not applied for any Suspect of War Crime. Sometimes Nanking Massacre
Nanking Massacre
The Nanking Massacre or Nanjing Massacre, also known as the Rape of Nanking, was a mass murder, genocide and war rape that occurred during the six-week period following the Japanese capture of the city of Nanjing , the former capital of the Republic of China, on December 13, 1937 during the Second...

 is considered to be applied by "the Crime against Humanity" , but in fact, Nanking Massacre was prosecuted for infringement upon the Laws of War
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...

 and not applied by "the Crime against Humanity".

War crimes charges against more junior personnel were dealt with separately, in other cities throughout Far East
Far East
The Far East is an English term mostly describing East Asia and Southeast Asia, with South Asia sometimes also included for economic and cultural reasons.The term came into use in European geopolitical discourse in the 19th century,...

 Asia, such as the Nanjing War Crimes Tribunal
Nanjing War Crimes Tribunal
The Nanjing War Crimes Tribunal was established in 1946 by the government of Chiang Kai-Shek to judge four Japanese Imperial Army officers accused of crimes committed during the Second Sino-Japanese War...

 and the Khabarovsk War Crimes Trials.

Apartheid

The systematic persecution of one racial group by another, such as occurred during the South African apartheid government, was recognized as a crime against humanity by the United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...

 in 1976. The Charter of the United Nations (Article 13, 14, 15) makes actions of the General Assembly advisory to the Security Council. In regard to apartheid in particular, the UN General Assembly has not made any findings, nor have apartheid-related trials for crimes against humanity been conducted.

International Criminal Tribunal for Yugoslavia

International Criminal Tribunal for Rwanda

United Nations

The United Nations has been primarily responsible for the prosecution of crimes against humanity since it was chartered in 1948. The International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

 (ICC) was organized by the Rome Statute and the UN has delegated several crimes against humanity cases to the ICC. Because these cases were referred to the ICC by the UN, the ICC has broad authority and jurisdiction for these cases. The ICC acting without a UN referral lacks the broad jurisdiction to prosecute crimes against humanity, and cannot prosecute many cases, particularly if they occur outside of ICC-member nations. The most recent 2005 UN referral to the ICC of Darfur resulted in an indictment of Sudanese President Omar al-Bashir
Omar al-Bashir
Lieutenant General Omar Hassan Ahmad Al-Bashir is the current President of Sudan and the head of the National Congress Party. He came to power in 1989 when he, as a brigadier in the Sudanese army, led a group of officers in a bloodless military coup that ousted the government of Prime Minister...

 for genocide, crimes against humanity and war crimes in 2008. The first person to be handed over to the ICC was Thomas Lubanga
Thomas Lubanga
Thomas Lubanga Dyilo is a former rebel leader from the Democratic Republic of the Congo . He founded and led the Union of Congolese Patriots and was a key player in the Ituri conflict...

. His trial has still not been completed. The ICC is still seeking Joseph Kony
Joseph Kony
Joseph Kony is an African terrorist who is the head of the Lord's Resistance Army , a guerrilla group that is engaged in a violent campaign to establish theocratic government based on the Ten Commandments in Uganda...

. When the ICC President reported to the UN regarding its progress handling these crimes against humanity case, Judge Phillipe Kirsch said "The Court does not have the power to arrest these persons. That is the responsibility of States and other actors. Without arrests, there can be no trials. The UN has not referred any further crimes against humanity cases to the ICC since March 2005.

A report on the 2008-9 Gaza War accused Palestinian and Israeli forces of possibly committing a crime against humanity.

UN Security Council responsibility

UN Security Council Resolution 1674, adopted by the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...

 on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity". The resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....

 commits the Council to action to protect civilians in armed conflict.

International Criminal Court

In 2002, the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

 (ICC) was established in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...

 (Netherlands) and the Rome Statute
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...

 provides for the ICC to have jurisdiction over genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...

, crimes against humanity and war crimes. The definition of what is a "crime against humanity" for ICC proceedings has significantly broadened from its original legal definition or that used by the UN, and Article 7 of the treaty stated that:
The Rome Statute Explanatory Memorandum states that crimes against humanity

Council of Europe

The Committee of Ministers
Committee of Ministers
The Committee of Ministers of the Council of Europe or commonly the Committee of Ministers is the Council of Europe's decision-making body. It comprises the Foreign Affairs Ministers of all the member states, or their permanent diplomatic representatives in Strasbourg...

 of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...

 on 30 April 2002 issued a recommendation to the member states, on the protection of women against violence. In the section "Additional measures concerning violence in conflict and post-conflict situations", states in paragraph 69 that member states should: "penalize rape, sexual slavery, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity as an intolerable violation of human rights, as crimes against humanity and, when committed in the context of an armed conflict, as war crimes;"

In the Explanatory Memorandum on this recommendation when considering paragraph 69:
To fall under the Rome Statute, a crime against humanity which is defined in Article 7.1 must be "part of a widespread or systematic attack directed against any civilian population". Article 7.2.a states "For the purpose of paragraph 1: "Attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack." This means that an individual crime on its own, or even a number of such crimes, would not fall under the Rome Statute unless they were the result of a State policy or an organizational policy. This was confirmed by Luis Moreno Ocampo
Luis Moreno Ocampo
José Luis Moreno OcampoMoreno Ocampo's surnames are often hyphenated in English-language media to distinguish Moreno as a surname, rather than a given name. is an Argentine lawyer who has been the Prosecutor of the International Criminal Court since June 16, 2003...

 in an open letter publishing his conclusions about allegations of crimes committed during the invasion of Iraq in March 2003 which might fall under the ICC
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...

. In a section entitled "Allegations concerning Genocide and Crimes against Humanity" he states that "the available information provided no reasonable indicator of the required elements for a crime against humanity," i.e. 'a widespread or systematic attack directed against any civilian population'".

The Holodomor
Holodomor
The Holodomor was a man-made famine in the Ukrainian SSR between 1932 and 1933. During the famine, which is also known as the "terror-famine in Ukraine" and "famine-genocide in Ukraine", millions of Ukrainians died of starvation in a peacetime catastrophe unprecedented in the history of...

 has been recognized as a crime against humanity by the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...

.

See also

  • Charter of the United Nations
  • Command responsibility
    Command responsibility
    Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....

  • Council of Europe
    Council of Europe
    The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...

  • Crimes against humanity under communist regimes
    Crimes against humanity under Communist regimes
    Crimes against humanity have occurred under various communist regimes. Actions such as forced deportation, terror, ethnic cleansing, and the deliberate starvation of people such as during the Holodomor and the Great Leap Forward have been described as crimes against humanity...

  • Customary international law
    Customary international law
    Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...

  • International humanitarian law
    International humanitarian law
    International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus that comprises "the Geneva Conventions and the Hague Conventions, as well as subsequent treaties, case law, and customary international law." It...

  • Vienna Declaration and Programme of Action
    Vienna Declaration and Programme of Action
    The Vienna Declaration and Programme of Action, also known as VDPA, is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria...

  • Democide
    Democide
    Democide is a term revived and redefined by the political scientist R. J. Rummel as "the murder of any person or people by a government, including genocide, politicide, and mass murder." Rummel created the term as an extended concept to include forms of government murder that are not covered by the...

  • Ethnic cleansing
    Ethnic cleansing
    Ethnic cleansing is a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic orreligious group from certain geographic areas....

  • Geneva Conventions
    Geneva Conventions
    The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...

  • George Washington Williams
    George Washington Williams
    George Washington Williams was an American Civil War veteran, minister, politician and historian. Shortly before his death he travelled to King Leopold II's Congo Free State and his open letter to Leopold about the suffering of the region's inhabitants at the hands of Leopold's agents, helped to...

  • Historical revisionism (negationism)
    Historical revisionism (negationism)
    Historical revisionism is either the legitimate scholastic re-examination of existing knowledge about a historical event, or the illegitimate distortion of the historical record such that certain events appear in a more or less favourable light. For the former, i.e. the academic pursuit, see...

  • Human rights
    Human rights
    Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...

  • Interpol
    Interpol
    Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...

  • Mass murder
    Mass murder
    Mass murder is the act of murdering a large number of people , typically at the same time or over a relatively short period of time. According to the FBI, mass murder is defined as four or more murders occurring during a particular event with no cooling-off period between the murders...

  • Honor killing
    Honor killing
    An honor killing or honour killing is the homicide of a member of a family or social group by other members, due to the belief of the perpetrators that the victim has brought dishonor upon the family or community...

  • Rule of Law in Armed Conflicts Project (RULAC)
    Rule of Law in Armed Conflicts Project (RULAC)
    The Rule of Law in Armed Conflicts Project is an initiative of the to support the application and implementation of the international law of armed conflict.-Overview:...

  • Terrorism
    Terrorism
    Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...

  • Torture
    Torture
    Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...

  • Victor's justice
    Victor's justice
    The label "victor's justice" is a situation in which an entity partakes in carrying out "justice" on its own basis of applying different rules to judge what is right or wrong for their own forces and for those of the enemy. Advocates generally charge that the difference in rules amounts to...

  • War crimes

External links

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