Crimes against humanity are certain serious crimes committed as part of a large-scale attack against
civilian
A civilian is a person who is not a member of an armed force. It is war crime, illegal under the law of armed conflict to target civilians with military attacks, along with numerous other considerations for civilians during times of war. If a civi ...
s.
Unlike
war crimes
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hos ...
, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals.
[Margaret M. DeGuzma]
"Crimes Against Humanity"
''Research Handbook on International Criminal Law'', Bartram S. Brown, ed., Edgar Elgar Publishing, 2011. Together with war crimes
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hos ...
, genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetrat ...
and, like other crimes against international law, have no temporal or jurisdictional limitations on prosecution (where universal jurisdiction
Universal jurisdiction is a legal principle that allows Sovereign state, states or International organization, international organizations to prosecute individuals for serious crimes, such as genocide, War crime, war crimes, and crimes against hu ...
is recognized).[
The first prosecution for crimes against humanity took place during the ]Nuremberg trials #REDIRECT Nuremberg trials
{{redirect category shell, {{R from other capitalisation{{R from move ...
against defeated leaders of Nazi Germany
Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German Reich, German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a Totalit ...
. Crimes against humanity have been prosecuted by other international courts (such as the International Criminal Tribunal for the former Yugoslavia
The International Criminal Tribunal for the former Yugoslavia (ICTY) was a body of the United Nations that was established to prosecute the war crimes in the Yugoslav Wars, war crimes that had been committed during the Yugoslav Wars and to tr ...
, the International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda (ICTR; ; ) was an international court, international ''ad-hoc'' court established in November 1994 by the United Nations Security Council in United Nations Security Council Resolution 955, Resolutio ...
, the Special Court for Sierra Leone
The Special Court for Sierra Leone, or the "Special Court" (SCSL), also called the Sierra Leone Tribunal, was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibi ...
, the Extraordinary Chambers in the Courts of Cambodia, and the International Criminal Court
The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
) as well as by domestic courts. The law of crimes against humanity has primarily been developed as a result of the evolution of customary international law
Customary international law consists of international legal obligations arising from established or usual international practices, which are less formal customary expectations of behavior often unwritten as opposed to formal written treaties or c ...
. Crimes against humanity are not codified in an international convention, so an international effort to establish such a treaty, led by the Crimes Against Humanity Initiative, has been underway since 2008.
According to the Rome Statute
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
, there are eleven types of crimes that can be charged as a crime against humanity when "committed as part of a widespread or systematic attack directed against any civilian
A civilian is a person who is not a member of an armed force. It is war crime, illegal under the law of armed conflict to target civilians with military attacks, along with numerous other considerations for civilians during times of war. If a civi ...
population": "murder; extermination; enslavement
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
; deportation
Deportation is the expulsion of a person or group of people by a state from its sovereign territory. The actual definition changes depending on the place and context, and it also changes over time. A person who has been deported or is under sen ...
or forcible transfer of population; imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
; rape, sexual slavery
Sexual slavery and sexual exploitation is an attachment of any ownership rights, right over one or more people with the intent of Coercion, coercing or otherwise forcing them to engage in Human sexual activity, sexual activities. This includ ...
, enforced prostitution, forced pregnancy, forced abortion, enforced sterilization
Compulsory sterilization, also known as forced or coerced sterilization, refers to any government-mandated program to involuntarily sterilize a specific group of people. Sterilization removes a person's capacity to reproduce, and is usually do ...
, or any other form of sexual violence of comparable gravity; persecution
Persecution is the systematic mistreatment of an individual or group by another individual or group. The most common forms are religious persecution, racism, and political persecution, though there is naturally some overlap between these term ...
against any identifiable group or collectivity...; enforced disappearance
An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person with the support or acquiescence of a State (polity), state followed by a refusal to acknowledge the person's fate or whereabouts with the i ...
...; the crime of apartheid; other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health."
Origins of the term
The term "crimes against humanity" is potentially ambiguous because of the ambiguity of the word "humanity", which originally meant the quality of being human (first recorded in 1384) but more recently (in 1450) additionally took on another meaning as a synonym of mankind. The context of the term in documents related to the Nuremberg trials shows that the original sense is intended.
The term "crimes against humanity" was used by George Washington Williams, an American minister, politician and historian, in a letter he wrote to the United States Secretary of State
The United States secretary of state (SecState) is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State.
The secretary of state serves as the principal advisor to the ...
describing the atrocities committed by Leopold II of Belgium
Leopold II (9 April 1835 – 17 December 1909) was the second king of the Belgians from 1865 to 1909, and the founder and sole owner of the Congo Free State from 1885 to 1908.
Born in Brussels as the second but eldest-surviving son of King Leo ...
's administration in the Congo Free State
The Congo Free State, also known as the Independent State of the Congo (), was a large Sovereign state, state and absolute monarchy in Central Africa from 1885 to 1908. It was privately owned by Leopold II of Belgium, King Leopold II, the const ...
in 1890. This was an early but not, as is often claimed, the first use of the term in its modern sense in the English language. In his first annual message in December 1889, U.S. President Benjamin Harrison spoke about the slave trade in Africa as a "crime against humanity". Already in 1883, Williams had used the same term in his reflections about slavery in the United States.
In treaty law, the term originated in the Second Hague Convention of 1899 preamble and was expanded in the Fourth Hague Convention of 1907 preamble and their respective regulations, which were concerned with the codification of new rules of international humanitarian law
International humanitarian law (IHL), also referred to as the laws of armed conflict or the laws of war, is the law that regulates the conduct of war (''wikt:jus in bello, jus in bello''). It is a branch of international law that seeks to limit ...
. The preamble of the two Conventions referenced the "laws of humanity" as an expression of underlying inarticulated humanistic values. The term is part of what is known as the Martens Clause
The Martens Clause (International Phonetic Alphabet, pronounced ) is an early international law concept first introduced into the preamble of the 1899 Hague Conventions of 1899 and 1907, Hague Convention II – Laws and Customs of War on Land. ...
.
On May 24, 1915, the Allied Powers, Britain, France, and Russia, jointly issued a statement explicitly and for the first time ever charging another government with committing "a crime against humanity". An excerpt from this joint statement reads:
At the conclusion of the war, the Allied Commission of Responsibilities
In-Commission or commissioning may refer to:
Business and contracting
* Commission (remuneration), a form of payment to an agent for services rendered
** Commission (art), the purchase or the creation of a piece of art most often on behalf of anot ...
recommended the creation of a tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a singl ...
to try "violations of the laws of humanity" because the law of war did not cover atrocities committed by a state against its own nationals or allied persons. However, the US representative objected to references to the "law of humanity" as being imprecise and insufficiently developed at that time, and the concept was not pursued.
Nonetheless, a UN report in 1948 referred to the usage of the term "crimes against humanity" regarding the Armenian genocide
The Armenian genocide was the systematic destruction of the Armenians, Armenian people and identity in the Ottoman Empire during World War I. Spearheaded by the ruling Committee of Union and Progress (CUP), it was implemented primarily t ...
as a precedent to the Nuremberg
Nuremberg (, ; ; in the local East Franconian dialect: ''Nämberch'' ) is the Franconia#Towns and cities, largest city in Franconia, the List of cities in Bavaria by population, second-largest city in the States of Germany, German state of Bav ...
and Tokyo trials. On May 15, 1948, the Economic and Social Council presented a 384-page report prepared by the United Nations War Crimes Commission (UNWCC), set up in London (October 1943) to collect and collate information on war crimes and war criminals. The report was in compliance with the request by the UN Secretary-General to make arrangements for "the collection and publication of information concerning human rights arising from trials of war criminals, quislings, and traitors, and in particular from the Nuremberg trials and Tokyo Trials." The report had been prepared by members of the Legal Staff of the commission. The report is highly topical regarding the Armenian Genocide, not only because it uses the 1915 events as a historic example but also as a precedent to Articles 6 (c) and 5 (c) of the Nuremberg
Nuremberg (, ; ; in the local East Franconian dialect: ''Nämberch'' ) is the Franconia#Towns and cities, largest city in Franconia, the List of cities in Bavaria by population, second-largest city in the States of Germany, German state of Bav ...
and Tokyo Charters, and thereby as a precursor to the then newly adopted UN Genocide Convention
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...
, differentiating between war crimes and crimes against humanity. By referring to the information collected during WWI and put forward by the 1919 Commission of Responsibilities
In-Commission or commissioning may refer to:
Business and contracting
* Commission (remuneration), a form of payment to an agent for services rendered
** Commission (art), the purchase or the creation of a piece of art most often on behalf of anot ...
, the report titled "Information Concerning Human Rights Arising from Trials of War Criminals" used the Armenian case as a vivid example of crimes committed by a state against its own citizens. The report also noted that while the Paris Peace Treaties with Germany, Austria, Hungary and Bulgaria did not include any reference to "laws of humanity", instead basing the charges on violations of "laws and customs of war", the Sèvres Peace Treaty with Turkey did so. In addition to the Articles 226–228, concerning customs of war (corresponding to Articles 228–230 of the Treaty of Versailles
The Treaty of Versailles was a peace treaty signed on 28 June 1919. As the most important treaty of World War I, it ended the state of war between Germany and most of the Allies of World War I, Allied Powers. It was signed in the Palace ...
), the Sèvres Treaty also contained an additional Article 230, in compliance with the Allied ultimatum of May 24, 1915 regarding "crimes against humanity and civilization".
Nuremberg trials
After the Second World War, the Nuremberg Charter set down the laws and procedures by which the Nuremberg trials were to be conducted. The drafters of this document were faced with the problem of how to charge the men at the Nuremberg Trial with committing the Holocaust
The Holocaust (), known in Hebrew language, Hebrew as the (), was the genocide of History of the Jews in Europe, European Jews during World War II. From 1941 to 1945, Nazi Germany and Collaboration with Nazi Germany and Fascist Italy ...
and other state-sanctioned atrocities committed in Germany and German-allied states by the Nazi regime
Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a totalitarian dictat ...
. As far as German law was concerned the men had committed no crime, but only followed orders. Not following orders however, in Nazi Germany, was a horribly punished crime. The problem in trying the individuals responsible for the German atrocities lay in the fact that, like in World War I, a traditional understanding of war crimes gave no provision for atrocities committed by a state on its own citizens or its allies. Therefore, to solve this problem and close the loophole, Article 6 of the Charter was drafted to include not only traditional war crimes and crimes against peace, but also ''crimes against humanity'', defined as:
Under this definition, crimes against humanity could be punished only insofar as they could be connected somehow to war crimes or crimes against peace.[ The jurisdictional limitation was explained by the American chief representative to the London Conference, Robert H. Jackson, who pointed out that it "has been a general principle from time immemorial that the internal affairs of another government are not ordinarily our business". Thus, "it is justifiable that we interfere or attempt to bring retribution to individuals or to states only because the concentration camps and the deportations were in pursuance of a common plan or enterprise of making an unjust war".] The judgement of the first Nuremberg trial found that "the policy of persecution, repression and murder of civilians" and persecution of Jews within Germany before the outbreak of war in 1939 were not crimes against humanity, because as "revolting and horrible as many of these crimes were, it has not been satisfactorily proved that they were done in execution of, or in connection with", war crimes or crimes against peace. The subsequent Nuremberg trials were conducted under Control Council Law No. 10 which included a revised definition of crimes against humanity with a wider scope.
Tokyo trial
The International Military Tribunal for the Far East (IMTFE), also known as the Tokyo trial, was convened to try the leaders of the Empire of Japan
The Empire of Japan, also known as the Japanese Empire or Imperial Japan, was the Japanese nation state that existed from the Meiji Restoration on January 3, 1868, until the Constitution of Japan took effect on May 3, 1947. From Japan–Kor ...
for three types of crimes: "Class A" ( crimes against peace), "Class B" (war crime
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...
s), and "Class C" (crimes against humanity), committed during the Second World War.
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.
In the Tokyo Trial, Crimes against Humanity (Class C) was not applied for any suspect. Prosecutions related to the Nanking Massacre were categorised as infringements upon the Laws of War
The law of war is a component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of hostilities (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, ...
.
A panel of eleven judge
A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
s presided over the IMTFE, one each from victorious Allied powers (United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
, Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
, Soviet Union
The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
, United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, the Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
, Provisional Government of the French Republic
The Provisional Government of the French Republic (PGFR; , GPRF) was the provisional government of Free France between 3 June 1944 and 27 October 1946, following the liberation of continental France after Operations ''Overlord'' and ''Drago ...
, Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
, Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, British India
The provinces of India, earlier presidencies of British India and still earlier, presidency towns, were the administrative divisions of British governance in South Asia. Collectively, they have been called British India. In one form or another ...
, and the Philippines
The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
).
Types of crimes against humanity
The definition of a crime against humanity varies both between and within countries and it also varies on both the international and domestic levels. Isolated and inhumane acts of a certain nature which are not committed as part of a widespread or systematic attack may constitute grave infringements of human rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
, or – depending on the circumstances – war crimes
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hos ...
but they are not classified as crimes against humanity.[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
According to the Rome Statute
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
, there are eleven types of crimes that can be charged as crimes against humanity when they are "committed as part of a widespread or systematic attack directed against any civilian
A civilian is a person who is not a member of an armed force. It is war crime, illegal under the law of armed conflict to target civilians with military attacks, along with numerous other considerations for civilians during times of war. If a civi ...
population":[
]
Apartheid
The systematic persecution
Persecution is the systematic mistreatment of an individual or group by another individual or group. The most common forms are religious persecution, racism, and political persecution, though there is naturally some overlap between these term ...
of members of one racial group by members of another racial group, such as the persecution which was practiced by the South Africa
South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
n apartheid
Apartheid ( , especially South African English: , ; , ) was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. It was characterised by an ...
government, was recognized as a crime against humanity by the United Nations General Assembly
The United Nations General Assembly (UNGA or GA; , AGNU or AG) is one of the six principal organs of the United Nations (UN), serving as its main deliberative, policymaking, and representative organ. Currently in its Seventy-ninth session of th ...
in 1976. The Charter of the United Nations
The Charter of the United Nations is the foundational treaty of the United Nations (UN). It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the Secretariat, the G ...
, Articles 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.
Rape and sexual violence
The Nuremberg and Tokyo Charters did not contain any explicit provisions which recognized sexual and gender-based crimes as war crimes or crimes against humanity, but Control Council Law No. 10 recognized rape
Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
as a crime against humanity. The statutes of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda both included rape as a crime against humanity. The ICC is the first international court which expressly includes various forms of sexual and gender-based crimesincluding rape, sexual slavery
Sexual slavery and sexual exploitation is an attachment of any ownership rights, right over one or more people with the intent of Coercion, coercing or otherwise forcing them to engage in Human sexual activity, sexual activities. This includ ...
, enforced prostitution
Prostitution is a type of sex work that involves engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, no ...
, forced pregnancy, enforced sterilisation, and other forms of sexual violence
Sexual violence is any harmful or unwanted Human sexual activity, sexual act, an attempt to obtain a sexual act through violence or coercion, or an act directed against a person's sexuality without their consent, by any individual regardless of ...
as both an underlying act of crimes against humanity and a war crime which is committed during international and/or non-international armed conflicts.
In 2008, the U.N. Security Council adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
Legal status of crimes against humanity in international law
Unlike genocide and war crimes, which have been widely recognized and prohibited in international criminal law since the establishment of the Nuremberg principles, there has never been a comprehensive convention on crimes against humanity, even though such crimes are continuously perpetrated worldwide in numerous conflicts and crises. There are eleven international texts defining crimes against humanity, but they all differ slightly as to their definition of that crime and its legal elements.[M. Cherif Bassioun]
"Crimes Against Humanity"
The Crimes of War Project In 2008, the Crimes Against Humanity Initiative was launched to address this gap in international law.
On July 30, 2013, the United Nations International Law Commission voted to include the topic of crimes against humanity in its long-term program of work. In July 2014, the Commission moved this topic to its active programme of work based largely on a report submitted by Sean D. Murphy (the Special Rapporteur for Crimes Against Humanity).
There is some debate on the status of crimes against humanity under customary international law is. M. Cherif Bassiouni argues that crimes against humanity are part of ''jus cogens
Jus or JUS may refer to:
Language
* Jussive mood, in grammar
* Yus, two early Cyrillic letters
* Jumla Sign Language, of Nepal (ISO 639-3:jus)
Law
* Jus (law), a right afforded to ancient Romans
* Jus (canon law), a Roman Catholic custo ...
'' and as such constitute a non-derogable rule of international law.
United Nations
The United Nations has been primarily responsible for the prosecution of crimes against humanity since it was chartered in 1948.
After Nuremberg, there was no international court with jurisdiction over crimes against humanity for almost 50 years. However, work continued on developing the definition of crimes against humanity at the United Nations. For instance, in 1947, the International Law Commission was charged by the United Nations General Assembly with the formulation of the principles of international law recognized and reinforced in the Nuremberg Charter and judgment, and they were also tasked with drafting a 'code of offenses against the peace and security of mankind'. Completed 50 years later in 1996, the Draft Code defined crimes against humanity as various inhumane acts, ''i.e.'', "murder, extermination, torture, enslavement, persecution on political, racial, religious or ethnic grounds, institutionalized discrimination, arbitrary deportation or forcible transfer of population, arbitrary imprisonment, rape, enforced prostitution and other inhuman acts committed in a systematic manner or on a large scale and instigated or directed by a Government or by any organization or group." This definition differs from the one used in Nuremberg, where the criminal acts were to have been committed "before or during the war", thus establishing a nexus between crimes against humanity and armed conflict.
On 21 March 2013, at its 22nd session, the United Nations Human Rights Council
The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a United Nations Regional Gro ...
established the Commission of Inquiry on human rights in the Democratic People's Republic of Korea (DPRK). The Commission was mandated to investigate the systematic, widespread, and grave violations of human rights in the Democratic People's Republic of Korea (i.e. North Korea), with a view to ensuring full accountability, in particular for violations that may amount to crimes against humanity. The Commission dealt with matters relating to crimes against humanity on the basis of definitions set out by customary international criminal law and in the Rome Statute of the International Criminal Court.[Report of the commission of inquiry on human rights in the Democratic People's Republic of Korea – A/HRC/25/63, available at: ] The 2014 Report by the Commission found "the body of testimony and other information it received establishes that crimes against humanity have been committed in the Democratic People's Republic of Korea, pursuant to policies established at the highest level of the State ...These crimes against humanity entail extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation. The Commission further finds that crimes against humanity are ongoing in the Democratic People's Republic of Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place." Additionally, the Commission found that crimes against humanity have been committed against starving populations, particularly during the 1990s and that they were still being committed against persons from other countries who were systematically abducted or denied repatriation because they sought to gain labour and other skills for the Democratic People's Republic of Korea.
Security Council
UN Security Council Resolution 1674, adopted by the United Nations Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
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 commits the Council to action to protect civilians in armed conflict.
In 2008 the UN Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
adopted resolution 1820, which noted that "rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide".
According to the United Nations Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, an ...
resolution 1970 (2011) concerning Libya
Libya, officially the State of Libya, is a country in the Maghreb region of North Africa. It borders the Mediterranean Sea to the north, Egypt to Egypt–Libya border, the east, Sudan to Libya–Sudan border, the southeast, Chad to Chad–L ...
, any direct or indirect trade of arms to the Libyan Arab Jamahiriya, in the form of supply, transfer, or sale should be prevented by the member nations. The arms embargo
An arms embargo is a restriction or a set of sanctions that applies either solely to weaponry or also to "dual-use technology." An arms embargo may serve one or more purposes:
* to signal disapproval of the behavior of a certain actor
* to maintain ...
restricts the supply of arms, weapons, military vehicles, spare parts, technical assistance, finances, and the provision of armed mercenaries
A mercenary is a private individual who joins an War, armed conflict for personal profit, is otherwise an outsider to the conflict, and is not a member of any other official military. Mercenaries fight for money or other forms of payment rath ...
with origins of a country other than the one providing.
Later, the United Nations claimed in its November 2019 report that the United Arab Emirates
The United Arab Emirates (UAE), or simply the Emirates, is a country in West Asia, in the Middle East, at the eastern end of the Arabian Peninsula. It is a Federal monarchy, federal elective monarchy made up of Emirates of the United Arab E ...
, Jordan
Jordan, officially the Hashemite Kingdom of Jordan, is a country in the Southern Levant region of West Asia. Jordan is bordered by Syria to the north, Iraq to the east, Saudi Arabia to the south, and Israel and the occupied Palestinian ter ...
and Turkey
Turkey, officially the Republic of Türkiye, is a country mainly located in Anatolia in West Asia, with a relatively small part called East Thrace in Southeast Europe. It borders the Black Sea to the north; Georgia (country), Georgia, Armen ...
were then violating the arms embargo imposed on Libya under the 1970 resolution. An airstrike on the migrant detention center in Tripoli in July 2019, believed to have been carried out by the United Arab Emirates, can be amounted as a war crime, as stated by the United Nations. The airstrike was deadlier than the 2011 militarized uprising that overthrew the regime of Muammar Gaddafi
Muammar Muhammad Abu Minyar al-Gaddafi (20 October 2011) was a Libyan military officer, revolutionary, politician and political theorist who ruled Libya from 1969 until Killing of Muammar Gaddafi, his assassination by Libyan Anti-Gaddafi ...
.
International courts and criminal tribunals
After the Nuremberg and Tokyo trials of 1945–1946, another international tribunal with jurisdiction over crimes against humanity was not established for another five decades. In response to atrocities committed in the 1990s, multiple ad hoc tribunals were established with jurisdiction over crimes against humanity. The statutes of the International Criminal Court, the International Criminal Tribunals for the Former Yugoslavia and for Rwanda each contain different definitions of crimes against humanity.
International Criminal Tribunal for Yugoslavia
In 1993, the UN Security Council established the International Criminal Tribunal for the former Yugoslavia (ICTY), with jurisdiction to investigate and prosecute three international crimes which had taken place in the former Yugoslavia: genocide, war crimes, and crimes against humanity. Article 5 of the ICTY Statute states that:
This definition of crimes against humanity revived the original 'Nuremberg' nexus with armed conflict, connecting crimes against humanity to both international and non-international armed conflict. It also expanded the list of criminal acts used in Nuremberg to include imprisonment, torture and rape. Cherif Bassiouni has argued that this definition was necessary as the conflict in the former Yugoslavia was considered to be a conflict of both an international and non-international nature. Therefore, this adjusted definition of crimes against humanity was necessary to afford the tribunal jurisdiction over this crime.
International Criminal Tribunal for Rwanda
The UN Security Council established the International Criminal Tribunal for Rwanda in 1994 following the Rwandan genocide
The Rwandan genocide, also known as the genocide against the Tutsi, occurred from 7 April to 19 July 1994 during the Rwandan Civil War. Over a span of around 100 days, members of the Tutsi ethnic group, as well as some moderate Hutu and Gre ...
. Under the ICTR Statute, the link between crimes against humanity and an armed conflict of any kind was dropped. Rather, the requirement was added that the inhumane acts must be part of a "systematic or widespread attack against any civilian population on national, political, ethnic, racial or religious grounds." Unlike the conflict in the former Yugoslavia, the conflict in Rwanda was deemed to be non-international, so crimes against humanity would likely not have been applicable if the nexus to armed conflict had been maintained.
Special Court for Sierra Leone
Extraordinary Chambers in the Courts of Cambodia (ECCC)
International Criminal Court
In 2002, the International Criminal Court
The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
(ICC) was established in The Hague
The Hague ( ) is the capital city of the South Holland province of the Netherlands. With a population of over half a million, it is the third-largest city in the Netherlands. Situated on the west coast facing the North Sea, The Hague is the c ...
(Netherlands
, Terminology of the Low Countries, informally Holland, is a country in Northwestern Europe, with Caribbean Netherlands, overseas territories in the Caribbean. It is the largest of the four constituent countries of the Kingdom of the Nether ...
), and the Rome Statute
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
provides for the ICC to have jurisdiction over genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
, crimes against humanity, and war crimes. ICC proceedings definitions of a "crime against humanity" have evolved significantly from its original legal definition or that used by the UN. Essentially, the Rome Statute employs the same definition of crimes against humanity that the ICTR Statute does, minus the requirement that the attack was carried out 'on national, political, ethnic, racial or religious grounds'. In addition, the Rome Statute definition offers the most expansive list of specific criminal acts that may constitute crimes against humanity to date.
The Rome Statute
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
Explanatory Memorandum states that crimes against humanity:
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," Ocampo 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 ICC can only prosecute crimes against humanity in situations under which it has jurisdiction. The ICC only has jurisdiction over crimes contained in its statute – genocide, war crimes and crimes against humanity – which have been committed on the territory of a State party to the Rome Statute, when a non-party State refers a situation within its country to the court, or when the United Nation Security Council refers a case to the ICC. In 2005 the UN referred to the ICC the situation in Darfur. This referral resulted in an indictment of Sudanese President Omar al-Bashir
Omar Hassan Ahmad al-Bashir (born 1 January 1944) is a Sudanese former military officer and politician who served as Head of state of Sudan, Sudan's head of state under various titles from 1989 until 2019, when he was deposed in 2019 Sudanese c ...
for genocide, crimes against humanity, and war crimes in 2008.[International Criminal Court, 14 July 2008.. Accessed 14 July 2008.] 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."
Council of Europe
The Committee of Ministers of the Council of Europe
The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
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:
20th century
Numerous sources cite the 20th century as the bloodiest century in global history. Millions of civilian infants, children, adults, and elderly people died in warfare. One civilian perished for every combatant killed. Prior to World War II
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, war criminals did not face the possibility of prosecution, apprehension, or imprisonment. Britain's Prime Minister Winston Churchill
Sir Winston Leonard Spencer Churchill (30 November 1874 – 24 January 1965) was a British statesman, military officer, and writer who was Prime Minister of the United Kingdom from 1940 to 1945 (Winston Churchill in the Second World War, ...
favored the outright execution of war criminals. The United States was more lenient and called for a just trial. The British Government was convinced to institute the Nuremberg Trials, which left several legacies. These include worldwide jurisdiction for severe war crimes, the creation of international war crime tribunals, judicial procedures that effectively documented the history of colossal crimes, and the success of UN courts in holding impartial trials.
South Africa operated under apartheid system from 1948 into the 1990s in violation of the 1973 Apartheid convention, which declared apartheid to be a crime against humanity. Following international action and backlash, the apartheid system was dismantled at the end of the 20th century.
The UN highlighted the Rome Statute of the International Criminal Court (ICC), specifically Article 7 (Crimes against Humanity), which defines large-scale acts of violence against a locality's civilian populace. These acts include murder, extermination, enslavement, deportation or forcible transfer of the population, imprisonment or other severe deprivation of physical liberty in violation of international laws, torture, forced prostitution and rape, persecution against certain groups, apartheid (racial discrimination and segregation), and other inhumane acts. A publication from Trial International mentioned that crimes against humanity have been codified starting in 1990. These include the 1993 Statute of the International Criminal Tribunal for Yugoslavia, the 1994 Statute of the International Tribunal for Rwanda, and the 1998 Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998Michael P. Scharf (August 1998)''Results of the R ...
. The latter contains the latest and most extensive list of detailed crimes against civilians.
21st century
A report on the 2008–09 Gaza War
The Gaza war is an armed conflict in the Gaza Strip and southern Israel fought since 7 October 2023. A part of the unresolved Israeli–Palestinian conflict, Israeli–Palestinian and Gaza–Israel conflict, Gaza–Israel conflicts dating ...
by Richard Goldstone
Richard Joseph Goldstone (born 26 October 1938) is a South African retired judge who served in the Constitutional Court of South Africa from July 1994 to October 2003. He joined the bench as a judge of the Supreme Court of South Africa, first i ...
accused Israeli and Hamas forces of possibly committing a crime against humanity. The report concluded that Israel had used disproportionate force, targeted Palestinian civilians, used them as human shields, and destroyed civilian infrastructure. Hamas was found to have deliberately targeted Israeli civilians and Israeli infrastructure by mounting indiscriminate rocket attacks. Both the Israeli government and Hamas dismissed the findings of the report. In an April 2011 ''Washington Post
''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'' article Goldstone wrote the report would have been a different document if he had known in 2009 what he knew in 2011.
In 2019, United Nations investigators announced that Israeli troops may have committed crimes against humanity. During the Gaza protests 189 Palestinians were killed, investigators said, 183 were shot with live ammunition, including 35 children, three health workers, and two journalists. Amnesty International has accused Israel
Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
of committing the crime of apartheid against Palestinians.
In 2022, the UN Human Rights Office assessment of human rights concerns in Xinjiang concluded that the extent of arbitrary and discriminatory detention of members of Uyghur and other predominantly Muslim groups in China, since 2017, pursuant to law and policy, in context of restrictions and deprivation more generally of fundamental rights enjoyed individually and collectively, may constitute international crimes, in particular crimes against humanity.
The Myanmar military's targeting of the Rohingya Muslims in which more than 25,000 have been killed and more than 18,000 women and girls have been systematically raped have been labelled as crimes against humanity by United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
and Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
. OHCHR
The Office of the United Nations High Commissioner for Human Rights (OHCHR) is a department of the United Nations Secretariat that works to promote and protect human rights that are guaranteed under international law and stipulated in the Univers ...
Independent Fact-Finding Mission have found Tatmadaw
The Tatmadaw, also known as the Sit-Tat, is the armed forces of Myanmar (formerly Burma). It is administered by the Ministry of Defence and composed of the Myanmar Army, the Myanmar Navy and the Myanmar Air Force. Auxiliary services include ...
of committing crimes against humanity, genocide, and ethnic cleansing.
A report of a UN fact-finding mission, which was released in March 2024 and presided over by Sara Hossain, revealed that the Iranian regime engaged in systematic and egregious institutionalized crimes against humanity on a large scale. Between 2021 and 2022, 551 protestors were killed during the Woman, Life, Freedom movement, and 834 people were executed in 2023.
The International Court of Justice
The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
, Amnesty International
Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says that it has more than ten million members a ...
, Human Rights Watch
Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...
, Euro-Med Human Rights Monitor, and Michael Lynk ( UN Special Rapporteur for the Palestinian occupied territory) have accused Israel of committing apartheid against Palestinians in the Israeli-occupied West Bank. Along with the apartheid system, Israel is also implicated in what many legal scholars say are crimes against humanity in the Gaza genocide. Human Rights Watch found that Israeli authorities systematically deprived Palestinian civilians in Gaza of water, food, and medical supplies, leading to widespread deaths and suffering, all acts of genocide. The International Criminal Court
The International Criminal Court (ICC) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute ...
issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu
Benjamin Netanyahu (born 21 October 1949) is an Israeli politician who has served as the prime minister of Israel since 2022, having previously held the office from 1996 to 1999 and from 2009 to 2021. Netanyahu is the longest-serving prime min ...
and former Defense Minister Yoav Gallant, citing war crimes and crimes against humanity, with a particular focus on Israel’s deliberate starvation of civilians as a weapon of war.
In April 2024, the United Nations Human Rights Council
The United Nations Human Rights Council (UNHRC) is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a United Nations Regional Gro ...
(UNHRC) adopted a resolution calling for Israel to be held accountable for possible war crimes
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hos ...
and crimes against humanity in the Gaza Strip
The Gaza Strip, also known simply as Gaza, is a small territory located on the eastern coast of the Mediterranean Sea; it is the smaller of the two Palestinian territories, the other being the West Bank, that make up the State of Palestine. I ...
, and demanding a halt to all arms sales to the country. 28 countries voted in favor, 13 abstained, and six voted against. Israel's ambassador accused the UN of anti-Israeli bias.
The United Arab Emirates
The United Arab Emirates (UAE), or simply the Emirates, is a country in West Asia, in the Middle East, at the eastern end of the Arabian Peninsula. It is a Federal monarchy, federal elective monarchy made up of Emirates of the United Arab E ...
(UAE) has faced significant international scrutiny for its crimes against humanity in the ongoing Sudanese conflict, particularly concerning support for the Rapid Support Forces
The Rapid Support Forces (RSF; ) is a paramilitary force formerly operated by the government of Sudan. The RSF grew out of, and is primarily composed of, the Janjaweed militias which previously fought on behalf of the Sudanese government.
RSF ...
(RSF). Reports indicate that the UAE has been a key supplier of military equipment to the RSF, including weapons and drones, which have been used in operations leading to widespread atrocities in regions like Darfur
Darfur ( ; ) is a region of western Sudan. ''Dār'' is an Arabic word meaning "home f – the region was named Dardaju () while ruled by the Daju, who migrated from Meroë , and it was renamed Dartunjur () when the Tunjur ruled the area. ...
. Investigations have uncovered evidence suggesting that the UAE violated the United Nations arms embargo on Darfur by providing arms and ammunition to the RSF. This support has allegedly fueled the RSF’s campaign of violence, contributing to the ongoing humanitarian crisis in Sudan.
In early 2025, former Philippine president Rodrigo Duterte
Rodrigo Roa Duterte (, ; born March 28, 1945) is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the first Philippine president from Mindanao, and is the oldest person to assum ...
was arrested after an ICC warrant due to the alleged extra-judicial killings done during his war on Drugs. These acts were allegedly perpetuated during his presidency, with the aid and execution of his PNP Generals, most particularly Ronald "Bato" Dela Rosa.
References
Further reading
* Christopher R. Browning, "The Two Different Ways of Looking at Nazi Murder" (review of Philippe Sands, ''East West Street: On the Origins of "Genocide" and "Crimes Against Humanity"'', Knopf, 425 pp. and Christian Gerlach, ''The Extermination of the European Jews'', Cambridge University Press, 508 pp., ''The New York Review of Books
''The New York Review of Books'' (or ''NYREV'' or ''NYRB'') is a semi-monthly magazine with articles on literature, culture, economics, science and current affairs. Published in New York City, it is inspired by the idea that the discussion of ...
'', vol. LXIII, no. 18 (November 24, 2016), pp. 56–58. Discusses Hersch Lauterpacht
Sir Hersch Lauterpacht (16 August 1897 – 8 May 1960) was a British international lawyer, human rights activist, and judge at the International Court of Justice.
Biography
Hersch Lauterpacht was born on 16 August 1897 to a Jewish family in ...
's legal concept of "crimes against humanity", contrasted with Rafael Lemkin's legal concept of "genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
". All genocides are crimes against humanity, but not all crimes against humanity are genocides; genocides require a higher standard of proof, as they entail ''intent'' to destroy a particular group.
*
*
*
*(fr) Jean Albert (dir.), L'avenir de la justice pénale internationale, Institut Presage, Bruylant, 2018, 383 p.
External links
Crimes of War project
Rule of Law in Armed Conflicts Project
– an online video
– a learning resource, highlighting the cases of Myanmar, Bosnia, the DRC, and Darfur
Crimes Against Humanity – Bibliographies on the topics of the International Law Commission & International Law Seminar (UNOG Library)
{{DEFAULTSORT:Crime Against Humanity
International criminal law
Atrocity crimes
1890s neologisms