Crimes Against Humanity
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Definition of Crimes Against Humanity


I. The Definition of Crimes Against Humanity:

  1. Charter of the Nürnberg International Military Tribunal (1945)
  2. Allied Control Council Law No. 10 (1945)
  3. Charter of the International Military Tribunal for the Far East (1946)
  4. Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal (1950)
  5. Draft Code of Crimes against the Peace and Security of Mankind (with commentaries) (1996)

II. Crimes Against Humanity in the Statutes of Post-Cold War International Tribunals:

  1. ICTY (1993)
  2. ICTR (1994)
  3. ICC (1998)

III. Crimes Against Humanity in the Statutes of Internationalized or Hybrid Tribunals:

  1. Special Panels for Serious Crimes within the District Court of Dili (East Timor Special Panels) (2000)
  2. Special Court for Sierra Leone (2002) and Residual Special Court for Sierra Leone (2010)
  3. Extraordinary Chambers in the Courts of Cambodia (ECCC) (2003)
  4. Extraordinary African Chambers within the Courts of Senegal for the Prosecution of International Crimes committed in Chad between 7 June 1982 and 1 December 1990 (2012)

IV. Crimes Against Humanity in domestic tribunals:

  1. International Crimes Tribunal of Bangladesh (1973)
  2. Iraqi Special Tribunal (2003)
  3. War Crimes Chamber in the Court of Bosnia and Herzegovina (2005)

I. The Definition of Crimes Against Humanity

Charter of the Nürnberg International Military Tribunal

[...]

Article 6

The Tribunal established by the Agreement referred to in Article 1 hereof for the trial and punishment of the major war criminals of the European Axis countries shall have the power to try and punish persons who, acting in the interests of the European Axis countries, whether as individuals or as members of organizations, committed any of the following crimes.

The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

    (a) Crimes Against Peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;

    (b) War Crimes: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

    (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.

Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan.

Article 7

The official position of defendants, whether as Heads of State or responsible officials in Government Departments, shall not be considered as freeing them from responsibility or mitigating punishment.

Article 8

The fact that the Defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determines that justice so requires.

Article 9

At the trial of any individual member of any group or organization the Tribunal may declare (in connection with any act of which the individual may be convicted) that the group or organization of which the individual was a member was a criminal organization.

After the receipt of the Indictment the Tribunal shall give such notice as it thinks fit that the prosecution intends to ask the Tribunal to make such declaration and any member of the organization will be entitled to apply to the Tribunal for leave to be heard by the Tribunal upon the question of the criminal character of the organization. The Tribunal shall have power to allow or reject the application.

If the application is allowed, the Tribunal may direct in what manner the applicants shall be represented and heard.

[...]

* * *

Full text of the Nuremberg Statute available at: http://www.derechos.org/nizkor/nuremberg/ncharter.html


Charter of the International Military Tribunal for the Far East

[...]

JURISDICTION AND GENERAL PROVISIONS

Article 5. Jurisdiction Over Persons and Offenses. The Tribunal shall have the power to try and punish Far Eastern war criminals who as individuals or as members of organizations are charged with offenses which include Crimes against Peace.

The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:

(a) Crimes against Peace: Namely, the planning, preparation, initiation or waging of a declared or undeclared war of aggression, or a war in violation of international law, treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;

(b) Conventional War Crimes: Namely, violations of the laws or customs of war;

(c) Crimes against Humanity: Namely, muraer, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political or racial 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. Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any person in execution of Such plan.

[...]

* * *

Full text of the Charter of the International Military Tribunal for the Far East available at: http://www.derechos.org/peace/dia/doc/dia47.html


Allied Control Council Law No. 10, 20 December 1945

[...]

    Article II

    1. Each of the following acts is recognized as a crime:

    (a) Crimes against Peace. Initiation of invasions of other countries and wars of aggression in violation of international laws and treaties, including but not limited to planning, preparation, initiation or waging a war of aggression, or a war of violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing.

    (b) War Crimes. Atrocities or offences against persons or property, constituting violations of the laws or customs of war, including but not limited to; murder, ill treatment or deportation to slave labour or for any other purpose, of civilian population from occupied territory, murder or ill treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity.

    (c) Crimes against Humanity. Atrocities and offences, including but not limited to murder, extermination, enslavement, deportation, imprisonment, torture, rape, or other inhumane acts committed against any civilian population, or persecutions on political, racial or religious grounds whether or not in violation of the domestic laws of the country where perpetrated.

    (d) Membership in categories of a criminal group or organization declared criminal by the International Military Tribunal.

    2. Any person without regard to nationality or the capacity in which he acted, is deemed to have committed a crime as defined in paragraph 1 of this Article, if he was (a) a principal or (b) was an accessory to the commission of any such crime or ordered or abetted the same or (c) took a consenting part therein or (d) was connected with plans or enterprises involving its commission or (e) was a member of any organization or group connected with the commission of any such crime or (f) with reference to paragraph 1 (a), if he held a high political, civil or military (including General Staff) position in Germany or in one of its Allies, cobelligerents or satellites or held high position in the financial, industrial or economic life of any such country.

    3. Any person found guilty of any of the Crimes above mentioned may upon conviction be punished as shall be determined by the tribunal to be just. Such punishment may consist of one or more of the following:

      (a) Death.
      (b) Imprisonment for life or a term of years, with or without hard labour,
      (c) Fine, and imprisonment with or without hard labour, in lieu thereof.
      (d) Forfeiture of property.
      (e) Restitution of property wrongfully acquired.
      (f) Deprivation of some or all civil rights.

    Any property declared to be forfeited or the restitution of which is ordered by the Tribunal shall be delivered to the Control Council for Germany, which shall decide on its disposal.

    4. (a) The official position of any person, whether as Head of State or as a responsible official in a Government Department, does not free him from responsibility for a crime or entitle him to mitigation of punishment.

    (b) The fact that any person acted pursuant to the order of his Government or of a superior does not free him from responsibility for a crime, but may be considered in mitigation.

    5. In any trial or prosecution for a crime herein referred to, the accused shall not be entitled to the benefits of any statute of limitation in respect of the period from 30 January 1933 to 1 July 1945, nor shall any immunity, pardon or amnesty granted under the Nazi regime be admitted as a bar to trial or punishment.

[...]

* * *

Full text of Control Council Law No. 10 available at: http://www.derechos.org/peace/dia/doc/dia45.html


Principles of International Law Recognized in the Charter of the Nürnberg Tribunal and in the Judgment of the Tribunal

Principle I

Any person who commits an act which constitutes a crime under international law is responsible therefor and liable to punishment.

Principle II

The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.

Principle III

The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law.

Principle IV

The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.

Principle V

Any person charged with a crime under international law has the right to a fair trial on the facts and law.

Principle VI

The crimes hereinafter set out are punishable as crimes under international law:

(a) Crimes against peace:

    (i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;

    (ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).

(b) War crimes:

Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment or deportation to slave-labour or for any other purpose of civilian population of or in occupied territory; murder or ill-treatment of prisoners of war, of persons on the Seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.

(c) Crimes against humanity:

Murder, extermination, enslavement, deportation and other inhuman acts done against any civilian population, or persecutions on political, racial or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime.

Principle VII

Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law.

* * *
Documentary Note: Text adopted by the International Law Commission at its second session, in 1950, and submitted to the General Assembly as a part of the Commission's report covering the work of that session. The report, which also contains commentaries on the principles, appears in: ILC Report, A/1316 (A/5/12), 1950, part III, paras. 95-127, Yearbook of the International Law Commission, 1950, vol. II.

Draft Code of Crimes against the Peace and Security of Mankind (with commentaries)

[...]

Article 18. Crimes against humanity

A crime against humanity means any of the following acts, when committed in a systematic manner or on a large scale and instigated or directed by a Government or by any organization or group:

    (a) Murder;

    (b) Extermination;

    (c) Torture;

    (d) Enslavement;

    (e) Persecution on political, racial, religious or ethnic grounds;

    (f) Institutionalized discrimination on racial, ethnic or religious grounds involving the violation of fundamental human rights and freedoms and resulting in seriously disadvantaging a part of the population;

    (g) Arbitrary deportation or forcible transfer of population;

    (h) Arbitrary imprisonment;

    (i) Forced disappearance of persons;

    (j) Rape, enforced prostitution and other forms of sexual abuse;

    (k) Other inhumane acts which severely damage physical or mental integrity, health or human dignity, such as mutilation and severe bodily harm.

Commentary

(1) Article 18 recognizes certain inhumane acts as constituting crimes against humanity.

(2) The definition of crimes against humanity contained in article 18 is drawn from the Charter of the Nürnberg Tribunal, as interpreted and applied by the Nürnberg Tribunal, taking into account subsequent developments in international law since Nürnberg.

(3) The opening clause of this definition establishes the two general conditions which must be met for one of the prohibited acts to qualify as a crime against humanity covered by the Code. The first condition requires that the act was "committed in a systematic manner or on a large scale". This first condition consists of two alternative requirements. The first alternative requires that the inhumane acts be "committed in a systematic manner" meaning pursuant to a preconceived plan or policy. The implementation of this plan or policy could result in the repeated or continuous commission of inhumane acts. The thrust of this requirement is to exclude a random act which was not committed as part of a broader plan or policy. The Charter of the Nürnberg Tribunal did not include such a requirement. Nonetheless the Nürnberg Tribunal emphasized that the inhumane acts were committed as part of the policy of terror and were "in many cases . . . organized and systematic "|127| in considering whether such acts constituted crimes against humanity.

(4) The second alternative requires that the inhumane acts be committed "on a large scale" meaning that the acts are directed against a multiplicity of victims. This requirement excludes an isolated inhumane act committed by a perpetrator acting on his own initiative and directed against a single victim. The Charter of the Nürnberg Tribunal did not include this second requirement either. Nonetheless the Nürnberg Tribunal further emphasized that the policy of terror was "certainly carried out on a vast scale" |128| in its consideration of inhumane acts as possible crimes against humanity. The term "mass scale" was used in the text of the draft Code as adopted on first reading|129| to indicate the requirement of a multiplicity of victims. This term was replaced by the term "large scale" which is sufficiently broad to cover various situations involving a multiplicity of victims, for example, as a result of the cumulative effect of a series of inhumane acts or the singular effect of an inhumane act of extraordinary magnitude. The first condition is formulated in terms of the two alternative requirements. Consequently, an act could constitute a crime against humanity if either of these conditions is met.

(5) The second condition requires that the act was "instigated or directed by a Government or by any organization or group". The necessary instigation or direction may come from a Government or from an organization or a group.|130| This alternative is intended to exclude the situation in which an individual commits an inhumane act while acting on his own initiative pursuant to his own criminal plan in the absence of any encouragement or direction from either a Government or a group or organization. This type of isolated criminal conduct on the part of a single individual would not constitute a crime against humanity. It would be extremely difficult for a single individual acting alone to commit the inhumane acts as envisaged in article 18. The instigation or direction of a Government or any organization or group, which may or may not be affiliated with a Government, gives the act its great dimension and makes it a crime against humanity imputable to private persons or agents of a State.|131|

(6) The definition of crimes against humanity contained in article 18 does not include the requirement that an act was committed in time of war or in connection with crimes against peace or war crimes as in the Charter of the Nürnberg Tribunal. The autonomy of crimes against humanity was recognized in subsequent legal instruments which did not include this requirement. The Convention on the Prevention and Punishment of the Crime of Genocide did not include any such requirement with respect to the second category of crimes against humanity, as discussed in the commentary to article 17. Similarly, the definitions of the first category of crimes against humanity contained in the legal instruments adopted since Nürnberg do not include any requirement of a substantive connection to other crimes relating to a state of war, namely, Control Council Law No. 10 adopted shortly after the Berlin Protocol as well as the more recent statute of the International Tribunal for the Former Yugoslavia (art. 5) and the statute of the International Tribunal for Rwanda (art. 3).|132| The absence of any requirement of an international armed conflict as a prerequisite for crimes against humanity was also confirmed by the International Tribunal for the Former Yugoslavia: "It is by now a settled rule of customary international law that crimes against humanity do not require a connection to international armed conflict."|133|

(7) As regards the prohibited acts listed in article 18, the first such act consists of murder which is addressed in subparagraph (a). Murder is a crime that is clearly understood and well defined in the national law of every State. This prohibited act does not require any further explanation. Murder was included as a crime against humanity in the Charter of the Nürnberg Tribunal (art. 6, subpara. (C)), Control Council Law No. 10 (art. II, subpara.(c)), the statute of the International Tribunal for the Former Yugoslavia (art. 5) and the statute of the International Tribunal for Rwanda (art. 3) as well as the Nürnberg Principles (Principle VI) and the 1954 draft Code (art. 2, para. 11).

(8) The second prohibited act addressed in subparagraph (b) is extermination. The first two categories of prohibited acts consist of distinct and yet closely related criminal conduct which involves taking the lives of innocent human beings. Extermination is a crime which by its very nature is directed against a group of individuals. In addition, the act used to carry out the offence of extermination involves an element of mass destruction which is not required for murder. In this regard, extermination is closely related to the crime of genocide in that both crimes are directed against a large number of victims. However, the crime of extermination would apply to situations that differ from those covered by the crime of genocide. Extermination covers situations in which a group of individuals who do not share any common characteristics are killed. It also applies to situations in which some members of a group are killed while others are spared. Extermination was included as a crime against humanity in the Charter of the Nurnberg Tribunal (art. 6, subpara. (c)), Control Council Law No. 10 (art. II, subpara. (c)), the statute of the International Tribunal for the Former Yugoslavia (art. 5) and the statute of the International Tribunal for Rwanda (art. 3) as well as the Nürnberg Principles (Principle VI) and the 1954 draft Code (art. 2, para. 11).

(9) Another third prohibited act addressed in subparagraph (c) is torture. This prohibited act is defined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (art. 1, para. I).|134| It is true that the definition in the Convention limits the scope of that Convention to acts committed in an official capacity or with official connivance. But article 1, paragraph 2, contemplates that the term "torture" may have a broader application under other international instruments. In the context of crimes against humanity committed not only by Governments but by organizations or groups this is appropriate here. For the present purposes, acts of torture are covered if committed in a systematic manner or on a mass scale by any Government, organization or group. Torture was included as a crime against humanity in Control Council Law No. 10 (art. II, subpara.(c)), the statute of the International Tribunal for the Former Yugoslavia (art. 5) and the statute of the International Tribunal for Rwanda (art. 3).

(10) The fourth prohibited act consists of enslavement under subparagraph (d). Enslavement means establishing or maintaining over persons a status of slavery, servitude or forced labour contrary to well-established and widely recognized standards of international law, such as: the Slavery Convention (slavery); the Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (slavery and servitude); the International Covenant on Civil and Political Rights (slavery and servitude); and ILO Convention No. 29, concerning Forced or Compulsory Labour (forced labour). Enslavement was included as a crime against humanity in the Charter of the Nürnberg Tribunal (art. 6, subpara. (c)), Control Council Law No. 10 (art. II, subpara. (c)), the statute of the International Tribunal for the Former Yugoslavia (art. 5) and the statute of the International Tribunal for Rwanda (art. 3) as well as the Nürnberg Principles (Principle VI) and the 1954 draft Code (art. 2, para. 11).

(11) The fifth prohibited act consists of persecution on political, racial, religious or ethnic grounds under subparagraph (e). The inhumane act of persecution may take many forms with its common characteristic being the denial of the human rights and fundamental freedoms to which every individual is entitled without distinction as recognized in the Charter of the United Nations (Arts.l and 55) and the International Covenant on Civil and Political Rights (art. 2). The provision would apply to acts of persecution which lacked the specific intent required for the crime of genocide under article 17. Persecution on political, racial or religious grounds was included as a crime against humanity in the Charter of the Nürnberg Tribunal (art. 6, subpara. (c)), Control Council Law No. 10 (art. II, subpara.(c)), the statute of the International Tribunal for the Former Yugoslavia (art. 5) and the statute of the International Tribunal for Rwanda (art. 3) as well as the Nürnberg Principles (Principle VI) and the 1954 draft Code (art. 2, para. 11).

(12) The sixth prohibited act is institutionalized discrimination on racial, ethnic or religious grounds involving the violation of human rights and fundamental freedoms and resulting in seriously disadvantaging a part of the population under subparagraph(f). The fifth and sixth categories of prohibited acts consist of distinct and yet closely related criminal conduct which involves the denial of the human rights and fundamental freedoms of individuals based on an unjustifiable discriminatory criterion. Whereas both categories of prohibited acts must be committed in a systematic manner or on a large scale to constitute a crime against humanity under article 18, the sixth category of prohibited acts further requires that the discriminatory plan or policy has been institutionalized, for example, by the adoption of a series of legislative measures denying individuals who are members of a particular racial, ethnic or religious group of their human rights or freedoms. The prohibited act covered by subparagraph (f) consists of three elements: a discriminatory act committed against individuals because of their membership in a racial, ethnic or religious group, which requires a degree of active participation; the denial of their human rights and fundamental freedoms, which requires sufficiently serious discrimination; and a consequential serious disadvantage to members of the group comprising a segment of the population. It is in fact the crime of apartheid under a more general denomination.|135| Institutionalized discrimination was not included as a crime against humanity in the previous instruments. For this reason, the Commission decided to limit this crime to racial, ethnic or religious discrimination. The Commission noted that such racial discrimination was characterized as a crime against humanity in the International Convention on the Suppression and Punishment of the Crime of Apartheid (art. I).

(13) The seventh prohibited act is arbitrary deportation or forcible transfer of population undersubparagraph (g). Whereas deportation implies expulsion from the national territory, the forcible transfer of population could occur wholly within the frontiers of one and the same State. The term "arbitrary" is used to exclude the acts when committed for legitimate reasons, such as public health or well being, in a manner consistent with international law. Deportation was included as a crime against humanity in the Charter and the Judgment of the Nürnberg Tribunal (art. 6, subpara. (c)), Control Council Law No. 10 (art. II, subpara. (c)), the statute of the International Tribunal for the Former Yugoslavia (art. 5) and the statute of the International Tribunal for Rwanda (art. 3) as well as the Nürnberg Principles (Principle VI) and the 1954 draft Code (art. 2, para. 11).

(14) The eighth prohibited act is "arbitrary imprisonment" under subparagraph (h). The term "imprisonment" encompasses deprivation of liberty of the individual and the term "arbitrary" establishes the requirement that the deprivation be without due process of law. This conduct is contrary to the human rights of individuals recognized in the Universal Declaration of Human Rights (art. 9) and in the International Covenant on Civil and Political Rights (art. 9). The latter instrument specifically provides that "No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law." Subparagraph (h)would cover systematic or large-scale instances of arbitrary imprisonment such as concentration camps or detention camps or other forms of long-term detention. "Imprisonment" is included as a crime against humanity in Control Council Law No. 10 (art. II, subpara. (c)) as well as the statute of the International Tribunal for the Former Yugoslavia (art. 5) and the statute of the International Tribunal for Rwanda (art. 3).

(15) The ninth prohibited act is forced disappearance of persons under subparagraph(i). In 1992, the General Assembly expressed its deep concern regarding the enforced disappearance of persons which occurred "in many countries" in adopting the Declaration on the Protection of All Persons from Enforced Disappearance.|136| The problem of the disappearance of persons was also addressed in the Inter-American Convention on the Forced Disappearance of Persons.|137| The term "forced disappearance of persons" is used as a term of art to refer to the type of criminal conduct which is addressed in the Declaration and the Convention. Forced disappearance was not included as a crime against humanity in the previous instruments. Although this type of criminal conduct is a relatively recent phenomenon, the Code proposes its inclusion as a crime against humanity because of its extreme cruelty and gravity.

(16) The tenth prohibited act consists of rape, enforced prostitution and other forms of sexual abuse under subparagraph (j). There have been numerous reports of rape committed in a systematic manner or on a large scale in the former Yugoslavia. In this regard, the General Assembly unanimously reaffirmed that rape constitutes a crime against humanity under certain circumstances.|138| Furthermore, the National Commission for Truth and Justice concluded, in 1994, that sexual violence committed against women in a systematic manner for political reasons in Haiti constituted a crime against humanity.|139| Rape, enforced prostitution and other forms of sexual abuse are forms of violence that may be specifically directed against women and therefore constitute a violation of the Convention on the Elimination of All Forms of Discrimination against Women.|140| Rape was included as a crime against humanity in Control Council Law No. 10 (art. II, subpara. (c)), the statute of the International Tribunal for the Former Yugoslavia (art. 5) and the statute of the International Tribunal for Rwanda (art. 3). While noting that persecution on gender grounds could also constitute a crime against humanity under subparagraph (e) if the two general criteria were met, the Commission decided to limit the possible grounds for persecution to those contained in existing legal instruments. Similarly, the Commission noted that gender-based discrimination might also constitute a crime against humanity under subparagraph (f), although not necessarily a crime against the peace and security of mankind.|141|

(17) The eleventh and last prohibited act consists of "other inhumane acts" which severely damage the physical or mental integrity, the health or the human dignity of the victim, such as mutilation and severe bodily harm, under subparagraph (k). The Commission recognized that it was impossible to establish an exhaustive list of the inhumane acts which might constitute crimes against humanity. It should be noted that the notion of other inhumane acts is circumscribed by two requirements. First, this category of acts is intended to include only additional acts that are similar in gravity to those listed in the preceding subparagraphs. Secondly, the act must in fact cause injury to a human being in terms of physical or mental integrity, health or human dignity. The subparagraph provides two examples of the types of acts that would meet these two requirements, namely, mutilation and other types of severe bodily harm. The Charter of the Nürnberg Tribunal (art. 6, subpara. (c)), Control Council Law No. 10 (art. II, subpara. (c)), the statute of the International Tribunal for the Former Yugoslavia (art. 5) and the statute of the International Tribunal for Rwanda (art. 3) as well as the Nürnberg Principles (Principle VI) also included "other inhumane acts".

[...]

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Full text of Draft Code of Crimes against the Peace and Security of Mankind (with commentaries) available at
http://www.derechos.org/nizkor/aggression/doc/ilc1996.html


II. Crimes Against Humanity in the Statutes of Post-Cold War International Tribunals

Statute of the International Criminal Tribunal for the Former Yugoslavia

[...]

Article 5
Crimes against humanity

The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population:

    (a) murder;
    (b) extermination;
    (c) enslavement;
    (d) deportation;
    (e) imprisonment;
    (f) torture;
    (g) rape;
    (h) persecutions on political, racial and religious grounds;
    (i) other inhumane acts.

[...]

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Full text of the Statute of the International Criminal Tribunal for the Former Yugoslavia available at: http://www.derechos.org/nizkor/ley/doc/ictystatute.html


Statute of the International Criminal Tribunal for Rwanda

[...]

Article 3: Crimes against Humanity

The International Tribunal for Rwanda shall have the power to prosecute persons responsible for the following crimes when committed as part of a widespread or systematic attack against any civilian population on national, political, ethnic, racial or religious grounds:

    a) Murder;

    b) Extermination;

    c) Enslavement;

    d) Deportation;

    e) Imprisonment;

    f) Torture;

    g) Rape;

    h) Persecutions on political, racial and religious grounds;

    i) Other inhumane acts.

[...]

* * *

Full text of the Statute of the International Criminal Tribunal for Rwanda available at: http://www.derechos.org/nizkor/ictr/ictrstatute.html


Rome Statute of the International Criminal Court

[...]

    Article 7
    Crimes against humanity

    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:

      (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.

    2. For the purpose of paragraph 1:

      (a) "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;
      (b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
      (c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
      (d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
      (e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
      (f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
      (g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
      (h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
      (i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

    3. For the purpose of this Statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.

[...]

* * *

Full text of the Rome Statute of the International Criminal Court available at: http://www.derechos.org/intlaw/doc/romestatute.html


III. Crimes Against Humanity in the Statutes of Internationalized or Hybrid Tribunals

Special Panels for Serious Crimes within the District Court of Dili (East Timor Special Panels)

    II. Serious Criminal Offences

    [...]

    Section 5
    Crimes Against Humanity

    5.1 For the purposes of the present regulation, "crimes against humanity" means any of the following acts when committed as part of a widespread or systematic attack and directed against any civilian population, with knowledge of the attack:

      (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 Section 5.3 of the present regulation, 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 panels;
      (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.

    5.2 For the purposes of Section 5.1 of the present regulation:

      (a) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
      (b) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
      (c) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
      (d) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
      (e) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
      (f) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
      (g) "The crime of apartheid" means inhumane acts of a character similar to those referred to in Section 5.1, committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
      (h) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

    5.3 For the purpose of the present regulation, the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.

* * *

Full text of Regulation No. 2000/15 on the Establishment of Panels with Exclusive Jurisdiction over Serious Criminal Offences (East Timor Special Panels) available at: http://www.derechos.org/intlaw/doc/etimorpanels.html


Special Court for Sierra Leone and Residual Special Court for Sierra Leone

Statute of the Special Court for Sierra Leone

[...]

Article 2
Crimes against humanity

The Special Court shall have the power to prosecute persons who committed the following crimes as part of a widespread or systematic attack against any civilian population:

    a. Murder;
    b. Extermination;
    c. Enslavement;
    d. Deportation;
    e. Imprisonment;
    f. Torture;
    g. Rape, sexual slavery, enforced prostitution, forced pregnancy and any other form of sexual violence;
    h. Persecution on political, racial, ethnic or religious grounds;
    i. Other inhumane acts.

[...]

* * *

Full text of the Statute of the Special Court for Sierra Leone available at: http://www.derechos.org/intlaw/doc/scslstatute.html

Statute of the Residual Special Court for Sierra Leone

[...]

Article 2
Crimes against humanity

The Residual Special Court shall have the power to prosecute persons who committed the following crimes as part of a widespread or systematic attack against any civilian population:

    a. Murder;
    b. Extermination;
    c. Enslavement;
    d. Deportation;
    e. Imprisonment;
    f. Torture;
    g. Rape, sexual slavery, enforced prostitution, forced pregnancy and any other form of sexual violence;
    h. Persecution on political, racial, ethnic or religious grounds;
    i. Other inhumane acts.

[...]

* * *

Full text of the Statute of the Residual Special Court for Sierra Leone available at: http://www.derechos.org/intlaw/doc/rscslstatute.html


Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea

[...]

Article 5

The Extraordinary Chambers shall have the power to bring to trial all Suspects who committed crimes against humanity during the period 17 April 1975 to 6 January 1979.

Crimes against humanity, which have no statute of limitations, are any acts committed as part of a widespread or systematic attack directed against any civilian population, on national, political, ethnical, racial or religious grounds, such as:

  • murder;
  • extermination;
  • enslavement;
  • deportation;
  • imprisonment;
  • torture;
  • rape;
  • persecutions on political, racial, and religious grounds;
  • other inhumane acts.

[...]

* * *

Full text of the Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea available at: http://www.derechos.org/intlaw/doc/khm2.html


Extraordinary African Chambers within the Courts of Senegal for the Prosecution of International Crimes committed in Chad between 7 June 1982 and 1 December 1990

[...]

    Article 6 – Crimes Against Humanity

    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:

      a) Rape, sexual slavery, enforced prostitution, enforced sterilization, or any other form of sexual violence of comparable gravity;
      b) Murder;
      c) Extermination;
      d) Deportation;
      e) The crime of apartheid;
      f) The enslavement or massive and systematic practice of summary executions, kidnapping of persons followed by their enforced disappearance;
      g) Torture or inhumane acts intentionally causing great suffering or serious injury to body or to physical or mental health, on political, racial, national, ethnic, cultural, religious or gender grounds.

[...]

* * *

Full text of the Agreement between the Government of the Republic of Senegal and the African Union on the Creation of Extraordinary African Chambers within the Courts of Senegal available at: http://www.derechos.org/intlaw/doc/senchambers.html


IV. Crimes Against Humanity in domestic tribunals

International Crimes Tribunal of Bangladesh

The International Crimes (Tribunals) Act, 1973 (Act No. XIX of 1973)

    [...]

    3. (1) A Tribunal shall have the power to try and punish any individual or group of individuals, |4| [ or organisation,] or any member of any armed, defence or auxiliary forces, irrespective of his nationality, who commits or has committed, in the territory of Bangladesh, whether before or after the commencement of this Act, any of the crimes mentioned in sub-section (2).]

    (2) The following acts or any of them are crimes within the jurisdiction of a Tribunal for which there shall be individual responsibility, namely:-

    (a) Crimes against Humanity: namely, murder, extermination, enslavement, deportation, imprisonment, abduction, confinement, torture, rape or other inhumane acts committed against any civilian population or persecutions on political, racial, ethnic or religious grounds, whether or not in violation of the domestic law of the country where perpetrated;

    [...]

* * *

Full text of the International Crimes (Tribunals) Act, 1973 (Act No. XIX of 1973) available at: http://www.derechos.org/intlaw/doc/bgd1.html.


Iraqi Special Tribunal (later renamed "Iraqi High Court" or "Supreme Iraqi Criminal Tribunal")

Coalition Provisional Authority Order Number 48
Delegation of Authority Regarding an Iraqi Special Tribunal

    [...]

    SECTION THREE
    Jurisdiction and Crimes

    [...]

    PART THREE
    Crimes Against Humanity

    Article 12.

    a) For the purposes of this Statute, "crimes 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:

      1. Murder;

      2. Extermination;

      3. Enslavement;

      4. Deportation or forcible transfer of population;

      5. Imprisonment or other severe deprivation of physical liberty in violation of fundamental norms of international law;

      6. Torture;

      7. Rape, sexual slavery, enforced prostitution, forced pregnancy, or any other form of sexual violence of comparable gravity;

      8. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender 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 Tribunal;

      9. Enforced disappearance of persons; and

      10. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

    b) For the purposes of paragraph a):

      1. "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in the above paragraph against any civilian population, pursuant to or in furtherance of a state or organizational policy to commit such attack;

      2. "Extermination" includes the intentional infliction of conditions of life, such as the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

      3. "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

      4. "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

      5. "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in, or incidental to lawful sanctions;

      6. "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity; and

      7. "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, the State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

    [...]

* * *

Full text of the Statute of the Iraqi Special Tribunal available at: http://www.derechos.org/intlaw/doc/irqsptribunal.html


War Crimes Chamber of the Court of Bosnia- and Herzegovina

According to the Law on Court of Bosnia and Herzegovina ["Official Gazette" of Bosnia and Herzegovina, 49/09]:

    (1) The Court has jurisdiction over criminal offences defined in the Criminal Code of Bosnia and Herzegovina and other laws of Bosnia and Herzegovina.
    (2) The Court has further jurisdiction over criminal offences prescribed in the Laws of the Federation of Bosnia and Herzegovina, the Republika Srpska and the Brcko District of Bosnia and Herzegovina when such criminal offences:[...]

Crimes against humanity are defined under Chapter XVII ("Crimes Against Humanity and Values Protected by International Law"), of the Criminal Code of Bosnia and Herzegovina [English version of the article set out below provided by the OSCE Office for Democratic Institutions and Human Rights]:

    Crimes against Humanity
    Article 172

      1) Whoever, as part of a widespread or systematic attack directed against any civilian population, with knowledge of such an attack, perpetrates any of the following acts:

        a) Depriving another person of his life (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) Sexual intercourse or an equivalent sexual act (rape), sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity; h) Persecutions against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious or sexual gender or other grounds that are universally recognised as impermissible under international law, in connection with any offence listed in this paragraph of this Code, any offence listed in this Code or any offence falling under the competence of the Court of Bosnia and Herzegovina;
        i) Enforced disappearance of persons;
        j) The crime of apartheid;
        k) Other inhumane acts of a similar character intending to cause great suffering, or serious injury to body or to physical or mental health, shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

      (2) For the purpose of paragraph 1 of this Article the following terms shall have the following meanings:

        a) Attack directed against any civilian population means a course of conduct involving the multiple perpetrations of acts referred to in paragraph 1 of this Article against any civilian population, pursuant to or in furtherance of a State or organisational policy to commit such attack.
        b) Extermination includes the intentional infliction of conditions of life, especially deprivation of access to food and medicines, calculated to bring about the destruction of part of a population.
        c) Enslavement means the exercise of any or all of the powers attaching to the right of ownership over a person, and includes the exercise of such power in the course of trafficking in persons, in particular women and children.
        d) Deportation or forcible transfer of population means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law.
        e) Torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody of the perpetrator or under the supervision of the perpetrator; except that torture shall not include pain or suffering arising only from, or being inherent in or incidental to, lawful sanctions.
        f) Forced pregnancy means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.
        g) Persecution means the intentional and severe deprivation of fundamental rights, contrary to international law, by reason of the identity of a group or collectivity.
        h) Enforced disappearance of persons means the arrest, detention or abduction of persons by, or with the authorisation, support or acquiescence of, a State or a political organisation, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the aim of removing them from the protection of the law for a prolonged period of time.
        i) The crime of apartheid means inhumane acts of a character similar to those referred to in paragraph 1 of this Article, perpetrated in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and perpetrated with the aim of maintaining that regime.

    * * *

    Full text of the Criminal Code of Bosnia and Herzegovina (2013, amended 2015) available at: http://www.derechos.org/intlaw/doc/bih8.html

    Full text of the Law on the Consolidated Version of the Law on Court of Bosnia and Herzegovina available at: http://www.derechos.org/intlaw/doc/bih7.html


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This document has been published on 21Jan17 by the Equipo Nizkor and Derechos Human Rights. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.