Crimes Against Humanity

The term “crimes against humanity” is used to describe the most serious violations of human rights that occur during times of conflict or peace. These are typically crimes that are committed as part of a widespread or systematic attack on any civilian population. Crimes against humanity can include murder, torture, rape, enslavement, and other inhumane acts that are intentionally committed to terrorize or subjugate a population. While these crimes are not codified in a specific international treaty, they are prosecuted by international courts such as the International Criminal Court (ICC) under international law.

History

The concept of crimes against humanity has a long history, dating back to the 18th century. It was initially used to describe atrocities committed during times of war. The term gained prominence during World War II when the Nazi regime was accused of committing mass atrocities against Jews and other minorities. The Nuremberg trials, held after the war, established the legal precedent that individuals could be held accountable for crimes against humanity.

Definition

The Rome Statute of the International Criminal Court defines crimes against humanity as any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population:

• Murder Extermination Enslavement Deportation or forcible transfer of population Imprisonment or other severe deprivation of physical liberty Torture Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, or other grounds Enforced disappearance of persons Other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury.

These acts must be committed as part of a widespread or systematic attack directed against any civilian population with knowledge of the attack.

Prosecution

Prosecuting crimes against humanity can be challenging. In order to hold perpetrators accountable, prosecutors must prove that the crimes were committed as part of a policy or plan, which can be inferred from the totality of the circumstances. This can include evidence of a consistent pattern of conduct, as well as evidence of the individuals who were responsible for planning and executing the crimes.

International courts, such as the ICC, have jurisdiction over crimes against humanity when they are committed within the territory of a State party to the Rome Statute or by a national of a State party. The ICC can also exercise jurisdiction over crimes against humanity when they are referred to the Court by the United Nations Security Council or when a State party makes a declaration accepting the jurisdiction of the Court.