Crimes Against Humanity

Definition and Legal Framework

Crimes against humanity are certain acts that are purposefully committed as part of a widespread or systematic policy, directed against civilians, in times of war or peace. They differ from war crimes because they are not isolated incidents but are part of a government policy or a wide practice of atrocities tolerated or condoned by a government or a de facto authority. However, war crimes, crimes against humanity and genocide may all be punishable under international law.

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History

The term "crimes against humanity" is potentially yoked with the Nuremberg trials of 1945 and 1946, where it was incorporated into the charter of the International Military Tribunal (IMT). The tribunal held senior leaders of the Third Reich accountable for the systematic murder of millions of people in the Holocaust, along with other widespread crimes.

Elements of Crimes Against Humanity

Crimes against humanity have not been codified in a dedicated treaty of international law, unlike genocide and war crimes, although there are efforts to establish such a treaty, led by the Crimes Against Humanity Initiative. Instead, they are usually prosecuted under national laws. However, the Rome Statute of the International Criminal Court has established a list of crimes against humanity in its Article 7.

Prosecution

The prosecution of crimes against humanity has often been associated with the establishment of international tribunals, in part because crimes against humanity are typically carried out by officials in pursuit of government policy. The Nuremberg Trials are a notable early example, but its principles were incorporated into the Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC).

Notable Cases

There have been numerous notable cases of prosecution for crimes against humanity. Some of these include the Nuremberg Trials, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Tribunal for Rwanda.

Prevention and Response

Preventing crimes against humanity, much like efforts to prevent other forms of violence, involves a comprehensive approach that includes both short and long-term measures. These measures must be applied at the individual, societal, and state levels.