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Encyclopedia > Crime against humanity

In international law, a crime against humanity consists of acts of persecution or any large scale atrocities against a body of people, as being the criminal offence above all others.[1] This article or section is in need of attention from an expert on the subject. ... Look up Persecution in Wiktionary, the free dictionary. ...


The Rome Statute Explanatory Memorandum states that crimes against humanity "are particularly odious offences 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. However, 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 meriting the stigma attaching to the category of crimes under discussion."[2] The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International Criminal Court (ICC). ... Human dignity is an expression that can be used as a moral concept or as a legal term. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ...

Contents

First uses

See also: Armenian Genocide

On May 24, 1915, the Allied Powers, Britain, France, and Russia, jointly issued a statement explicitly charging for the first time ever another government of committing "a crime against humanity". An excerpt from this joint statement reads: Armenian Genocide photo. ... is the 144th day of the year (145th in leap years) in the Gregorian calendar. ... Year 1915 (MCMXV) was a common year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Thursday[1] of the 13-day-slower Julian calendar). ...

 [i]n view of these new crimes of Turkey against humanity and civilization, the Allied Governments announce publicly to the Sublime Porte that they will hold personally responsible for these crimes all members of the Ottoman Government, as well as those of their agents who are implicated in such massacres[3]. 

Map of the World showing the participants in World War I. Those fighting on the Allies side (at one point or another) are depicted in green, the Central Powers in orange, and neutral countries in gray. ... Synonym of the government of the Ottoman Empire often confusing the Sublime Porte and the High Porte. ... For other uses, see Ottoman (disambiguation). ...

Nuremberg trials

See also: Nuremberg Trials

The London Charter of the International Military Tribunal was the decree that set down the laws and procedures by which the post-World War II Nuremberg trials were to be conducted. The charter defined that only crimes of the European Axis Powers could be tried. Article 6 stated that the Tribunal was established for the trial and punishment of the major war criminals of the European Axis countries; paragraph 6.a defined crimes against peace, 6.b war crimes and paragraph 6.c: Crimes Against Humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.[4] For the 1947 Soviet film about the trials, see Nuremberg Trials (film). ... The London Charter of the International Military Tribunal (usually referred to simply as the London Charter) was the decree that set down the laws and procedures by which the Nuremberg trials were to be conducted. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... This article or section does not cite its references or sources. ... A crime against peace, in international law, consists of starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties, agreements or (legally binding) assurances. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ... Extermination is the act of killing with the intention of eradicating a population. ... Slave redirects here. ... In times of armed conflict a civilian is any person who is not a combatant. ...


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

The Tribunal therefore cannot make a general declaration that the acts before 1939 were crimes against humanity within the meaning of the Charter, but from the beginning of the war in 1939 war crimes were committed on a vast scale, which were also crimes against humanity; and insofar as the inhumane acts charged in the Indictment, and committed after the beginning of the war, did not constitute war crimes, they were all committed in execution of, or in connection with, the aggressive war, and therefore constituted crimes against humanity.[5]

Apartheid

Main article: Crime of 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 in 1976.[6] The Charter of the United Nations (Article 13, 14, 15) makes actions of the General Assembly advisory to the Security Council.[7] In regard to apartheid, the UN General Assembly has not made any findings, nor have apartheid-related trials for crimes against humanity been conducted. The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court which established the International Criminal Court as inhumane acts of a character similar to other crimes against humanity committed in the context of an institutionalised regime of systematic oppression and domination by one racial... A segregated beach in South Africa, 1982. ... The United Nations General Assembly (GA) is one of the five principal organs of the United Nations. ... The United Nations Charter is the constitution of the United Nations. ...


The International Criminal Court

In 2002, the International Criminal Court (ICC) was established in The Hague (Netherlands) and the Rome Statute provides for the ICC to have jurisdiction over genocide, crimes against humanity and war crimes. Article 7 of the treaty stated that: Also see: 2002 (number). ... Official logo of the ICC. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ... Coordinates: , Country Netherlands Province South Holland Area (2006)  - Municipality 98. ... Rome Statute of the International Criminal Court Opened for signature June 17, 1998[1] at Rome Entered into force July 1, 2002 Conditions for entry into force 60 ratifications Parties 99[2] The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International... Genocide is the deliberate and systematic destruction of an ethnic or national group. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ...

For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack[8]:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

According to the Commentary on the Rome Statute:[2] Extermination is the act of killing with the intention of eradicating demographics within a population. ... Slave redirects here. ... A prison is a place in which people are confined and deprived of a range of liberties. ... Torture, according to international law, is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has... Sexual slavery is a special case of slavery which includes various different practices: forced prostitution single-owner sexual slavery ritual slavery, sometimes associated with traditional religious practices slavery for primarily non-sexual purposes where sex is common or permissible In general, the nature of slavery means that the slave is... Whore redirects here. ... A pregnant woman near the end of her term Pregnancy is the carrying of one or more offspring in an embryonal or fetal stage of development by female mammals, including humans, inside their bodies, between the stages of conception and birth. ... Infertility primarily refers to the biological inability of a man or a woman to contribute to conception. ... For the domesticated crop plant called rape, see rapeseed. ... The Human Race could be: The Human race. ... Culture (Culture from the Latin cultura stemming from colere, meaning to cultivate,) generally refers to patterns of human activity and the symbolic structures that give such activity significance. ... Various Religious symbols, including (first row) Christian, Jewish, Hindu, Bahai, (second row) Islamic, tribal, Taoist, Shinto (third row) Buddhist, Sikh, Hindu, Jain, (fourth row) Ayyavazhi, Triple Goddess, Maltese cross, pre-Christian Slavonic Religion is the adherence to codified beliefs and rituals that generally involve a faith in a spiritual... Gender in common usage refers to the sexual distinction between male and female. ... Disappear redirects here. ... The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court which established the International Criminal Court as inhumane acts of a character similar to other crimes against humanity committed in the context of an institutionalised regime of systematic oppression and domination by one racial...

[Crimes against humanity] are particularly odious offences 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. However, 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 meriting the stigma attaching to the category of crimes under discussion. On the other hand, an individual may be guilty of crimes against humanity even if he perpetrates one or two of the offences mentioned above, or engages in one such offence against only a few civilians, provided those offences are part of a consistent pattern of misbehavior by a number of persons linked to that offender (for example, because they engage in armed action on the same side or because they are parties to a common plan or for any similar reason.) Consequently when one or more individuals are not accused of planning or carrying out a policy of inhumanity, but simply of perpetrating specific atrocities or vicious acts, in order to determine whether the necessary threshold is met one should use the following test: one ought to look at these atrocities or acts in their context and verify whether they may be regarded as part of an overall policy or a consistent pattern of an inhumanity, or whether they instead constitute isolated or sporadic acts of cruelty and wickedness.

UN Security Council responsibility

UN Security Council Resolution 1674, adopted by the United Nations Security Council 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".[9] The resolution commits the Council to action to protect civilians in armed conflict. Resolution 1674, adopted by the United Nations Security Council 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.[1] The resolution commits the Council... “Security Council” redirects here. ... is the 118th day of the year (119th in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... UN headquarters in New York City The 2005 World Summit, 14–16 September 2005, was a follow-up summit meeting to the United Nations 2000 Millennium Summit, which led to the Millennium Declaration of the Millennium Development Goals (MDGs). ... A United Nations Security Council Resolution is voted on by the fifteen members of the United Nations Security Council, the most powerful organ of the United Nations. ...


Council of Europe

The Committee of Ministers of the Council of Europe 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: "penalise rape, sexual slavery, forced pregnancy, enforced sterilisation 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;"[10] This may also refer to Russian Council of Ministers. ... Anthem Ode to Joy (orchestral)  ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers  official candidate Seat Strasbourg, France Membership 47 European states 6 observers (Council) 3 observers (Assembly) Leaders  -  Secretary General Terry Davis  -  Commissioner for Human Rights Thomas Hammarberg Establishment  -  Treaty of... is the 120th day of the year (121st in leap years) in the Gregorian calendar. ...


In the Explanatory Memorandum on this recommendation when considering paragraph 69:

Reference should be made to the Statute of the International Criminal Tribunal adopted in Rome in July 1998. Article 7 of the Statute defines rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity, as crimes against humanity. Furthermore, Article 8 of the Statute defines rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence as a serious breach of the Geneva Conventions and as war crimes.[11]

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 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. In a section entitled "Allegations concerning Genocide and Crimes against Humanity" he states that "the available information provided no reasonable indicia of the required elements for a crime against humanity, i.e. 'a widespread or systematic attack directed against any civilian population'".[12] The Rome Statute of the International Criminal Court (or Rome Statute) is the treaty which established the International Criminal Court (ICC). ... Luis Moreno-Ocampo (born 1952, Buenos Aires) is the Chief Prosecutor of the International Criminal Court (ICC). ... Official logo of the ICC. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ...


Influence on the arts

  • The Interpreter, a film about a character apparently based on Robert Mugabe of Zimbabwe seeking to avoid indictment by the UN Security Council for trial before the International Criminal Court on charges of crimes against humanity.
  • In Season/Day 4 of 24, a FOX Television Series, the Secretary of Defense, James Heller (William Devane) was captured by a terrorist cell in order to be tried for crimes against humanity.
  • In the Sci-Fi Channel series Battlestar Galactica, several military personnel were tried for crimes against humanity by an independent committee of Seven personnel, chosen to secretly apprehend, try, and execute offenders for complying with Cylon control during the events on New Caprica.

The Interpreter is a 2005 drama/thriller film, directed by Sydney Pollack and starring Nicole Kidman, Sean Penn, and Catherine Keener. ... Robert Gabriel Mugabe KCB (born on February 21, 1924) is the President of Zimbabwe. ... A session of the Security Council in progress The United Nations Security Council is the most powerful organ of the United Nations. ... 24 is an Emmy and Golden Globe award-winning American television series created by Joel Surnow and Robert Cochran, and produced by Imagine Television. ... This article does not cite any references or sources. ... SCI FI (originally Sci-Fi Channel, sometimes rendered SCI FI Channel when part of a longer phrase) is an American cable television channel, launched on September 24, 1992, specializing in science fiction, fantasy, horror, and paranormal programming. ... Battlestar Galactica. ... Cylon may refer to: Cylon of Athens The Cylons in Battlestar Galactica. ... A Raptor over New Caprica New Caprica is the fictional name given to a relatively desolate but habitable planet in the reimagined Battlestar Galactica series. ...

See also

Genocide Portal

Image File history File links No higher resolution available. ... The Nuremberg Principles were a set of guidelines for determining what constitues a war crime. ... International crime may refer to: Crime against international law Crime against humanity Crime against peace War crime It may also refer to trans-national crimes such as: Smuggling Trafficking in human beings Arms trafficking Drug trafficking Money laundering See also Interpol This is a disambiguation page: a list of articles... Peace Palace in The Hague Command responsibility, sometimes referred to as the Yamashita standard, or the Medina standard is the doctrine of hierarchical accountability in cases of war crimes. ... Historical revisionism is the attempt to change commonly held ideas about the past. ... In the context of war, a war crime is a punishable offense under International Law, for violations of the laws of war by any person or persons, military or civilian. ... Genocide is the deliberate and systematic destruction of an ethnic or national group. ... Mass murder (massacre) is the act of murdering a large number of people, typically at the same time, or over a relatively short period of time. ... Democide is a term coined by political scientist R. J. Rummel for 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 legal definition... Ethnic cleansing refers to various policies or practices aimed at the displacement of an ethnic group from a particular territory in order to create a supposedly ethnically pure society. ... The Völkerstrafgesetzbuch (VStGB) German law that regulates the consequences of crimes against public international law. ... The crime of apartheid is defined by the 2002 Rome Statute of the International Criminal Court which established the International Criminal Court as inhumane acts of a character similar to other crimes against humanity committed in the context of an institutionalised regime of systematic oppression and domination by one racial... Anthem Ode to Joy (orchestral)  ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers  official candidate Seat Strasbourg, France Membership 47 European states 6 observers (Council) 3 observers (Assembly) Leaders  -  Secretary General Terry Davis  -  Commissioner for Human Rights Thomas Hammarberg Establishment  -  Treaty of... The United Nations Charter is the constitution of the United Nations. ...

References

  • William A. Schabas, Genocide in International Law: The Crimes of Crimes, Cambridge University Press, 2000,

Footnotes

  1. ^ Cherif Bassiouni. Crimes Against Humanity. Retrieved on 2006-07-23.
  2. ^ a b As quoted by Guy Horton in Dying Alive - A Legal Assessment of Human Rights Violations in Burma April 2005, co-Funded by The Netherlands Ministry for Development Co-Operation. See section "12.52 Crimes against humanity", p. 201. He references RSICC/C, Vol. 1 p. 360
  3. ^ 1915 declaration
    • Affirmation of the United States Record on the Armenian Genocide Resolution 106th Congress,,2nd Session, House of Representatives
    • Affirmation of the United States Record on the Armenian Genocide Resolution (Introduced in House of Representatives) 109th Congress, 1st Session, H.RES.316, June 14, 2005. 15 September 2005 House Committee/Subcommittee:International Relations actions. Status: Ordered to be Reported by the Yeas and Nays: 40–7.
    • "Crimes Against Humanity", 23 British Yearbook of International Law (1946) p. 181
    • Schabas References pp. 16-17
    • Original source of the telegram sent by the Department of State, Washington containing the French, British and Russian joint declaration
  4. ^ Nuremberg Trial Proceedings Vol. 1 Charter of the International Military Tribunal contained in the Avalon Project archive at Yale Law School
  5. ^ Judgement : The Law Relating to War Crimes and Crimes Against Humanity contained in the Avalon Project archive at Yale Law School
  6. ^ International Convention on the Suppression and Punishment of the Crime of Apartheid dopted and opened for signature, ratification by General Assembly resolution 3068 (XXVIII) of 30 November 1973. Entry into force 18 July 1976, in accordance with article X (10)
  7. ^ http://www.un.org/aboutun/charter/index.html
  8. ^ Rome statute of the International Criminal Court Article 7: Crimes against humanity.
  9. ^ Resolution 1674 (2006)
  10. ^ Committee of Ministers of the Council of Europe: Recommendation (2002) 5 Paragraph 69
  11. ^ Committee of Ministers of the Council of Europe: Recommendation (2002) 5 Paragraph 100
  12. ^ Luis Moreno-Ocampo OTP letter to senders re Iraq 9 February 2006. Page 4

Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... is the 204th day of the year (205th in leap years) in the Gregorian calendar. ... June 14 is the 165th day of the year (166th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 258th day of the year (259th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... The Avalon Project is Yale Law Schools digital library of Documents in Law, History and Diplomacy. ... The Sterling Law Building Sculptural ornamentation on the Sterling Law Building Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut. ... The Avalon Project is Yale Law Schools digital library of Documents in Law, History and Diplomacy. ... The Sterling Law Building Sculptural ornamentation on the Sterling Law Building Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut. ... This may also refer to Russian Council of Ministers. ... Anthem Ode to Joy (orchestral)  ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers  official candidate Seat Strasbourg, France Membership 47 European states 6 observers (Council) 3 observers (Assembly) Leaders  -  Secretary General Terry Davis  -  Commissioner for Human Rights Thomas Hammarberg Establishment  -  Treaty of... This may also refer to Russian Council of Ministers. ... Anthem Ode to Joy (orchestral)  ten founding members joined subsequently observer at the Parliamentary Assembly observer at the Committee of Ministers  official candidate Seat Strasbourg, France Membership 47 European states 6 observers (Council) 3 observers (Assembly) Leaders  -  Secretary General Terry Davis  -  Commissioner for Human Rights Thomas Hammarberg Establishment  -  Treaty of... Luis Moreno-Ocampo (born 1952, Buenos Aires) is the Chief Prosecutor of the International Criminal Court (ICC). ... is the 40th day of the year in the Gregorian calendar. ...

External links


  Results from FactBites:
 
Crime against humanity - Wikipedia, the free encyclopedia (753 words)
A crime against humanity is a term in international law that refers to acts of murderous persecution against a body of people, as being the criminal offence above all others.
The systematic persecution of African people by the South African apartheid government was recognized as a crime against humanity by the United Nations in 1976.
The attempt to indict Mugabe for crimes against humanity is supported by the International Bar Association.
  More results at FactBites »

 
 

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