7 Crimes Against Humanity and Other International Crimes

2020 ◽  
Author(s):  
Mettraux Guénaël
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Civilian Population ◽  
Community Or ◽  
International Crimes ◽  
Form Part ◽  
Core Features

This concluding chapter provides an overview of crimes against humanity. Crimes against humanity are characterized by several core features. First, they are crimes of scale insofar as they must involve and form part of a widespread or systematic attack against a civilian population. Second, similar to genocide but unlike war crimes, crimes against humanity may be committed in times of peace or in times of war. Third, the possibility of being a victim to a crime against humanity does not depend on the victim's nationality or on the victim's membership in any particular community or faction in an armed conflict. Fourth, crimes against humanity are intrinsically serious criminal offences and reflect some of the most important human interests protected by international law. Lastly, crimes against humanity are not subject to any statutory limitations as a matter of international law. The chapter then looks at the differences between crimes against humanity and other international crimes. These include war crimes, genocide, aggression, and terrorism.

The Responsibility to Protect as International Crimes Prevention

2012 ◽  
Vol 4 (1) ◽  
pp. 33-66 ◽  
Author(s):  
Don Hubert ◽  
Ariela Blätter
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Responsibility To Protect ◽  
Crimes Against Humanity ◽  
Ethnic Cleansing ◽  
Organizational Policy ◽  
World Summit ◽  
Civilian Population ◽  
International Crimes ◽  
Insufficient Attention

In 2005 the UN’s World Summit endorsed the idea that its members have a responsibility to prevent and halt genocide, crimes against humanity, ethnic cleansing and war crimes. Insufficient attention has been paid to clarifying how the definitions and evolving jurisprudence relating to these international crimes can provide clarity in identifying the unlawful acts that the Responsibility to Protect seeks to prevent and to halt. Specifically, an analysis of the elements of the crimes establishes the following parameters: attacks directed against any civilian population, committed in a widespread or systematic manner, in furtherance of a state or organizational policy, irrespective of the existence of discriminatory intent or an armed conflict. This conclusion makes reference to four ‘crimes’ redundant: crime against humanity alone provides an appropriate framework for conceptualizing and implementing the Responsibility to Protect. Although analysts focused on international crimes tend to prioritize accountability, such an approach need not be reactive. The essence of the Responsibility to Protect is best characterized as international crimes prevention.

2 Crimes Against Humanity Under General International Law

2020 ◽  
Author(s):  
Mettraux Guénaël
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Core Values ◽  
Crimes Against Humanity ◽  
Human Beings ◽  
International Crimes ◽  
The Relationship

This chapter discusses crimes against humanity under international law. Crimes against humanity were first introduced at Nuremberg as a means of criminalizing three sorts of criminality that so far had evaded the sanction of international law: atrocities committed outside the context of an armed conflict or independent of it; crimes committed against fellow nationals or nationals of allied nations; and institutionalized discriminatory violence that resulted in individuals being targeted and mistreated by a state because of their identity. Crimes against humanity seek to protect core attributes of all human beings: their dignity; their humanity; and their fundamental human rights. The notion of crimes against humanity reflects the fact that the protection of those interests and the punishment of serious violations of these interests is a matter of universal concern. It also makes it clear that the protection arising from international law does not depend on the nationality of the victim or his membership in a group, nor on his or relationship to the perpetrator. Instead, it is the sheer humanity of the victim that warrants and justifies the criminalization of such acts. And whilst the notion of genocide and crimes against humanity overlap in part in their efforts to protect these core values, unlike genocide, crimes against humanity seek to protect individuals as such, rather than groups of individuals. The chapter then looks at the relationship between crimes against humanity and other international crimes as well as the process of defining crimes against humanity.

Part VI Impact, ‘Legacy’, and Lessons Learned, 47 The Deterrent Effect of the ICC on the Commission of International Crimes by Government Leaders

2015 ◽  
Author(s):  
Grono Nick ◽  
Wheeler Anna de Courcy
Keyword(s):  
Armed Conflict ◽  
Large Degree ◽  
War Crimes ◽  
Lessons Learned ◽  
Deterrent Effect ◽  
Crimes Against Humanity ◽  
Policy Options ◽  
International Crimes ◽  
Atrocity Crimes

This Chapter examines in which circumstances, and under what conditions, the prospect of prosecution by the ICC may act to curtail the actions of government or rebel leaders by shifting the strategic calculus in favour of avoiding war crimes or crimes against humanity. It studies ICC engagement and its impact in Uganda, the DRC, Colombia, Sudan, Kenya, and Mali. It argues that success or failure of ICC deterrence rests to a large degree on its ability to pursue successful prosecutions. It concludes that potential to deter future atrocity crimes may not exist in all cases, and probably not in the midst of armed conflict, but could exist in those situations where the commission of crimes is one of a series of policy options available to a leader facing a challenge to his or her authority.

Genocide

2012 ◽  
Author(s):  
Christine Byron
Keyword(s):  
World War Ii ◽  
20Th Century ◽  
Armed Conflict ◽  
International Crime ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Genocide Convention ◽  
Legal Concept ◽  
Civilian Population

Genocide has been called the “crime of crimes” and the gravest violation of human rights it is possible to commit. It was developed as an international crime in reaction to the Nazi Holocaust and intended to provide for the prosecution of those who sought to destroy entire human groups. The word “genocide” was coined by a Polish lawyer, Raphael Lemkin, in his book Axis Rule in Occupied Europe (1944) to provide a legal concept for this unimaginable atrocity. The word is a hybrid of the Greek word genos, meaning race, nation, or tribe, and the Latin suffix cide, meaning killing. Although genocide is often spoken of in the same breath as war crimes and crimes against humanity, it is not the same thing. War crimes refer to violations of the law of armed conflict, while crimes against humanity, of which genocide is often seen as a more serious subset, require a widespread or systematic attack against a civilian population. Unlike war crimes, the crime of genocide does not have to take place during an armed conflict (although it often does), and unlike crimes against humanity, it may also be perpetrated against soldiers or prisoners of war from the targeted group (if it happens to take place during an armed conflict). Additionally, crimes against humanity do not have to be perpetrated against a specific human group, as is the case with genocide, but simply against a civilian population. While the concept of genocide was developed after World War II, it is unfortunately true that the mass killing of human groups is much older than the legal expression; indeed, the first genocide of the 20th century is widely thought to have been the German genocide of the Herero and Nama in German South West Africa (modern-day Namibia) between 1904 and 1907. The Genocide Convention of 1948 (officially the Convention on the Prevention and Punishment of the Crime of Genocide) declared that “genocide, whether committed in time of peace or in time of war, is a crime under international law which they, the contracting parties, undertake to prevent and to punish.” Nevertheless, the real development of systematic international trials and punishment for the crime of genocide waited for the end of the 20th century: the ad hoc tribunals for the former Yugoslavia and Rwanda and the inclusion of the crime of genocide in the Rome Statute of the International Criminal Court.

Domestic Adjudication of Sexual and Gender-based Violence in Armed Conflict: Considerations for Prosecutors and Judges

2011 ◽  
Vol 4 (1) ◽  
pp. 85-122
Author(s):  
Evelyn W. Kamau
Keyword(s):  
Armed Conflict ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Gender Based Violence ◽  
International Crimes ◽  
Gender Based ◽  
And Gender ◽  
Perceived Challenge ◽  
Constituent Elements

AbstractThe increased domestication of international core crimes like genocide, crimes against humanity and war crimes has placed national prosecutors and judges on unfamiliar ground. Specifically, though very welcome, the recognition of acts of sexual and gender-based violence (SGBV) as constituting core international crimes poses a further challenge. The circumstances surrounding the commission of SGBV as international core crimes, coupled with their unique elements and manner of proof, makes their domestic prosecution seem that much more difficult. An understanding of how acts of SGBV constitute international core crimes, their constituent elements and the manner of proving them, coupled with how to treat victims and witnesses of SGBV, goes a long way in easing the perceived challenge of domestically prosecuting them. This article is geared towards achieving that and is directed at people who are involved in or are considering carrying out domestic prosecutions and adjudications of SGBV as international core crimes.

The Agreement on the Establishment of the Extraordinary African Chambers within the Senegalese Judicial System Between the Government of the Republic Of Senegal and the African Union and the Statute of the Chambers

2013 ◽  
Vol 52 (4) ◽  
pp. 1020-1036 ◽  
Author(s):  
Roland Adjovi
Keyword(s):  
International Law ◽  
War Crimes ◽  
Judicial System ◽  
Crimes Against Humanity ◽  
African Union ◽  
International Crimes ◽  
The Republic ◽  
The Government

On August 22, 2012, the Republic of Senegal and the African Union (AU) signed an agreement to create a tribunal within the Senegalese judicial system to prosecute the perpetrators of international law violations in Chad between 1982 and 1990. To be called the Extraordinary African Chambers (Chambers), the tribunal is the result of years of political and judicial bargaining around Hissein Habré, the former President of Chad. The Chambers were inaugurated in February 2013, following the agreement upon a Statute of the Chambers in January 2013. On July 2, 2013, Hissein Habré was charged with crimes against humanity, torture, and war crimes, and placed in pre-trial detention. To date, Habré is the only indictee, but the Prosecutor reportedly intends to seek the indictment of five officials of Habré’s administration suspected of having committed international crimes.

scholarly journals PERBUDAKAN SEKSUAL (SEXUAL SLAVERY) SEBAGAI KEJAHATAN KEMANUSIAAN DAN PERANG DI BAWAH HUKUM INTERNASIONAL

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Arif Rohman
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Rome Statute ◽  
War Crimes ◽  
Internal Conflict ◽  
Crimes Against Humanity ◽  
Sexual Slavery ◽  
Geneva Conventions ◽  
Set Up ◽  
International Instruments

Abstrac Almost every case of armed conflict both internal conflict and inter-state conflicts, violations that fall into the category of crimes against humanity. One such crime is sexual slavery. Nevertheless, the true multiple instrument products have set about sexual slavery, but in fact violations still occur, so how to regulate the instrument set up and how the application of the instrument. The approach used in this study a statutory approach and approach the case, it is intended to determine the international instruments which regulate and application of the crime of sexual slavery. Sexual slavery has been set up in several instruments and is a violation of the Fourth Geneva Conventions of 1949, Additional Protocol II of 1977, the Universal Declaration of Human Rights, the Rome Statute, anti-torture convention so that it can be regarded as war crimes. Sexual slavery is expressed as slavery not as rape. Evidently some tribunal (ICTY, ICTR, Tokyo Tribunal, and ICC) which has been in effect and entrap the perpetrators of sexual slavery was found guilty.Key words: Sexual slavery, Crime Humanity, War Crimes and International Law

The international law commission’s recent work on exceptions to immunity: Charting the course for a brave new world in international law?

2018 ◽  
Vol 32 (01) ◽  
pp. 169-187
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
Draft Article ◽  
International Crimes ◽  
State Practice ◽  
Brave New World ◽  
Main Criticism ◽  
International Law Commission ◽  
Mixed Reaction

AbstractIn the summer of 2017, the International Law Commission adopted a draft article on exceptions to immunity. The Draft Article adopted provides that immunityratione materiaedoes not apply with respect to certain international crimes, namely crimes against humanity, the crime of genocide, war crimes, the crime of apartheid, torture, and enforced disappearances. These exceptions do not apply to immunityratione personae. The Draft Article was adopted after a vote and was severely criticized by some members of the Commission. It has also received mixed reaction from states, with some supporting its content while others have opposed it. In the aftermath of the adoption of the Draft Article, there has also been academic commentary, some of which has been critical. The (main) criticism levelled against the Draft Article is that it does not represent existing law and has no basis in the practice of states. This article seeks to evaluate the criticism by considering whether there is any state practice in support of the Draft Article proposed by the Commission.

scholarly journals Methodological Flaws in the ILC's Study on Exceptions to Immunity Ratione Materiae of State Officials from Foreign Criminal Jurisdiction

AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 9-15 ◽  
Author(s):  
Qinmin Shen
Keyword(s):  
International Law ◽  
War Crimes ◽  
Crimes Against Humanity ◽  
General Assembly ◽  
Draft Article ◽  
Criminal Jurisdiction ◽  
International Crimes ◽  
The Core ◽  
Un General Assembly ◽  
International Law Commission

In July 2017, the UN International Law Commission (ILC) provisionally adopted Draft Article 7 on exceptions to immunity ratione materiae of state officials from foreign criminal jurisdiction, by a recorded vote of twenty-one votes in favor, eight votes against, and one abstention. In the view of the majority of ILC members, immunity ratione materiae does not apply to the six international crimes listed in the draft article—genocide, crimes against humanity, war crimes, apartheid, torture, and enforced disappearance—either because of a limitation or because of an exception. The unusual practice of adopting a draft article by recorded vote demonstrated the deep controversy among the ILC members themselves. After all, exceptions to official immunity lie at the core of the project of “Immunity of State Officials from Foreign Criminal Jurisdiction” that was started a decade ago by the ILC. This divisive Draft Article 7 naturally garnered criticism and equally deep controversy among states in discussions on the ILC's work report at UN General Assembly Sixth Committee in late October 2017.

scholarly journals The Crisis of International Criminal Law in Africa: A Regional Regime in Response?

2019 ◽  
Vol 66 (2) ◽  
pp. 287-311
Author(s):  
Eki Yemisi Omorogbe
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Criminal Law ◽  
Crimes Against Humanity ◽  
International Crimes

Abstract This article considers the African Union’s (AU) proposal for a regional court for international crimes under the Malabo Protocol 2014 (Protocol). It places that within the AU’s rejection of the International Criminal Court’s (ICC) arrest warrants for African Heads of States that are not party to the Rome Statute and a more general protection of incumbents. It argues that the enthusiasm for establishing a regional criminal court, which lacks jurisdiction to prosecute incumbents, has not been sustained and African states remain committed to the ICC. It shows that nevertheless the Protocol’s provisions on genocide, crimes against humanity and war crimes, although imperfect, better address the specific character of armed conflicts in Africa than current international law, including the Rome Statute of the ICC. It concludes that the regional court for international crimes is unlikely to be established unless the ICC takes further action against incumbent leaders but that the Protocol’s provisions could be used in the development of a more Africa-centric international law.

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