What Is a Crime Against Humanity?

Crimes against humanity are among the most severe crimes under international law, defined as widespread or systematic attacks directed against civilians. These crimes include acts such as murder, extermination, enslavement, deportation, torture, rape, and other forms of inhumane treatment. The concept of crimes against humanity was first codified in the Nuremberg Trials (1945-1946) after World War II and later incorporated into the Rome Statute that established the International Criminal Court (ICC) in 1998.

Crimes against humanity are distinct from war crimes or genocide, although they can overlap. While war crimes are committed during armed conflict and genocide involves the intent to destroy a group, crimes against humanity involve actions that target civilians and are often committed as part of a widespread or systematic attack.

Legal Definition of Crimes Against Humanity

Under Article 7 of the Rome Statute of the International Criminal Court (ICC), crimes against humanity are defined by the following criteria:

Widespread or Systematic Attack

The crime must be part of a widespread or systematic attack directed against a civilian population. A widespread attack refers to the scale or number of victims, while systematic implies that the attack is conducted in an organized manner.

Directed Against Civilians

The acts are committed against civilian populations, not against combatants or military targets. While war crimes may occur in an armed conflict, crimes against humanity can happen during times of war or peace.

Mental Element (Intent)

The perpetrator must have knowledge that the act is part of a broader attack on civilians and must act with intent or knowledge of the consequences of their actions.

Elements of Crimes Against Humanity

According to Article 7 of the Rome Statute, the following acts constitute crimes against humanity if committed as part of a widespread or systematic attack on civilians:

• Murder: Intentional killing of civilians, either by state actors or organized groups, during a large-scale attack.
• Extermination: Acts intended to cause the mass death or destruction of a civilian population, such as starvation, deprivation of basic needs, or the use of mass killings.
• Enslavement: Holding individuals in slavery or conditions of servitude against their will, often for forced labor or sexual exploitation.
• Deportation or Forced Transfer of Population: Forcibly removing individuals or groups from their homes, often as part of ethnic cleansing or political persecution.
• Torture: Infliction of severe pain or suffering, whether physical or mental, on civilians, often for purposes such as punishment, intimidation, or extracting information.
• Rape and Sexual Slavery: The commission of sexual violence, including rape, sexual slavery, enforced prostitution, forced pregnancy, and other forms of sexual exploitation.
• Persecution: The intentional targeting of individuals or groups based on their race, religion, ethnicity, political opinion, or other characteristics, typically through acts of violence or denial of basic rights.
• Apartheid: The systematic oppression and domination of one group over another, as seen in the policies of apartheid in South Africa, where the white minority systematically oppressed the black majority.
• Enforced Disappearance of Persons: The abduction or forcible disappearance of individuals, usually by state authorities, with the intention of denying their whereabouts and preventing them from accessing legal recourse.
• Other Inhumane Acts: Any other act that deliberately causes great suffering or serious injury to the dignity of the civilian population, such as forced sterilizations or forced abortion.

Examples of Crimes Against Humanity

The Holocaust (1941-1945)

During World War II, Nazi Germany systematically exterminated around six million Jews, as well as millions of other groups, including Roma, disabled individuals, and political dissidents. This was considered a crime against humanity, especially given the scope of the genocide and the methods used.

The Rwandan Genocide (1994)

In Rwanda, approximately 800,000 Tutsi and moderate Hutu were killed in a mass slaughter by Hutu extremists. The mass killings, rape, and forced displacement of civilians were prosecuted as crimes against humanity by the International Criminal Tribunal for Rwanda (ICTR).

The Bosnian War (1992-1995)

During the Bosnian War, acts of ethnic cleansing and mass murder, especially the Srebrenica massacre, where 8,000 Bosniak Muslim men were killed by Bosnian Serb forces, were classified as crimes against humanity and prosecuted by the International Criminal Tribunal for the former Yugoslavia (ICTY).

The Khmer Rouge Regime (1975-1979)

Under Pol Pot's Khmer Rouge regime in Cambodia, nearly 2 million people were executed, starved, or worked to death. These acts, including mass executions and forced labor, were prosecuted as crimes against humanity in the Extraordinary Chambers in the Courts of Cambodia (ECCC).

The Syrian Civil War (2011-present)

In the ongoing Syrian Civil War, widespread attacks on civilian populations by both the Syrian government and opposition forces have led to mass displacement, torture, rape, and killing. These have been identified as crimes against humanity.

Prosecution of Crimes Against Humanity

International Criminal Court (ICC)

The ICC is the primary institution for prosecuting individuals for crimes against humanity. The Court has jurisdiction over crimes committed in state parties or situations referred by the UN Security Council.

Notable examples include:

• Thomas Lubanga Dyilo: Convicted by the ICC for using child soldiers in the Democratic Republic of the Congo.
• Jean-Pierre Bemba: Convicted by the ICC for committing crimes against humanity, including rape, murder, and torture in Central African Republic.

International Tribunals

In addition to the ICC, there are several ad-hoc international tribunals:

• International Criminal Tribunal for the former Yugoslavia (ICTY): Established to prosecute individuals responsible for crimes during the Yugoslav Wars, including crimes against humanity like ethnic cleansing and mass murder.
• International Criminal Tribunal for Rwanda (ICTR): Established to prosecute crimes committed during the Rwandan Genocide, including acts of rape, torture, and extermination.

National Courts and Universal Jurisdiction

Some countries have national courts that prosecute crimes against humanity, especially when the perpetrators are present in their territory. Some states also recognize universal jurisdiction, which allows them to prosecute international crimes, regardless of where the crimes were committed.

Conclusion

Crimes against humanity are among the gravest offenses under international law, characterized by widespread or systematic attacks against civilian populations. These include murder, enslavement, torture, rape, persecution, and forced displacement. The International Criminal Court (ICC) and other international tribunals play a crucial role in prosecuting these crimes, ensuring accountability, and bringing justice to the victims of mass atrocities. Despite challenges in enforcement, international legal frameworks continue to evolve to prevent such crimes and uphold human dignity and rights.