CRIMES AGAINST HUMANITY UNDER INTERNATIONAL LAW- THE STRUGGLE FOR GLOBAL JUSTICE

Law International Law
24-Aug-2021
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Crime can generally be considered as a terrible offence that merits the condemnation of the community. Any act which violates the living of others can be called a crime. Crimes against humanity are those crimes that are carried out to a larger extent. These crimes are basically more heinous and often violate the living and mental peace of others. Crimes against Humanity are different from War Crimes. There are more than 11 kinds of crimes that fall under crime against humanity. We will know more about them in the following article.

 

What Are Crimes Against Humanity Exactly?

Crimes against humanity are specific or particular crimes that are executed in a large-scale context. The following includes targeting and killing individuals on a large scale irrespective of their nationality. There are a lot of such crimes that fall under “Crime against Humanity.” The following crimes include torture, sexual violence, murder, kidnapping, enforced disappearance, persecution, and many more. These kinds of crimes often create a huge loss to a lot of people. This is the reason why these are considered against humanity. Other crimes like rape, forced abortions, imprisonment, and enslavement also come under Crimes against Humanity. We can say that persecutions on the grounds of politics, race, religion, and gender are also Crimes against Humanity.

Crimes against Humanity have often been considered to be committed as a part of State Policies. However, the following can also take place due to the non-state armed groups or the paramilitary forces. As discussed before, there is a difference between war crimes and Crimes against Humanity. It is essential to know what the difference actually is. Crimes against Humanity can be committed in peacetime and contrary to genocide, whereas war crimes cannot be committed in such a way. The Crimes against Humanity are not necessarily committed against a specific ethnic, national, religious, or rational committee.

 

What are Crimes against Humanity under International Law?

The Crimes against Humanity were introduced in the 1945 Nuremberg Charter when the Second World War came to an end. Then, the following didn’t carry the same definition which it carries today. Crimes against Humanity were considered as something different then. The definition we see today has been given to it after the 90s. Since 1990, the Crimes against Humanity have been codified in different international treaties, just like the Statute of the International Criminal Tribunal for the former Yugoslavia in 1993. The following is also codified in the treaty of “The Statue of the International Tribunal for Rwanda '' in 1994, along with the treaty of “Rome Statute of International Criminal Court '' in 1998.

The Rome Statute gives the most recent and a long list of particular criminal acts that might fall under Crimes against Humanity. On the other hand, war crimes don’t involve state responsibility, but they engage in individual criminal responsibility, whereas general human rights violations don’t. The following means individuals can be arrested and tried as well as considered personally responsible for crimes and prohibited actions.

The prohibited actions are:

  • The crime of apartheid

  • Some inhuman actions of the same character knowingly cause huge suffering along with serious injuries to mental health, physical health, and the human body.

  • Enforced disappearance of people where people disappear due to the actions of other people.

  • Persecution against an identifiable group.

  • Sexual violence or violence such as rape

  • Torture

  • Imprisonment

  • Extermination

  • Murder

  • Deportation of Enslavement or forcible transfer of population

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International Trials Tackles Crimes Against Humanity:

The governments all over the globe give straight denial to the fact that Crimes against Humanity are occurring in their territory. The governments basically ignore the sufferings of their countrymen. Numerous victims all over the globe are still trying hard to get proper justice, recognition, and reparation. As we know, justice delayed is justice denied. The victims are trying really hard to get justice over long years. The governments of different countries are trying really hard to provide justice to the victims of their country.

 

Helping The Victims:

The Trial International helps the victims to raise their voices really hard by bringing up their cases to the domestic courts. They are also trying really hard to bring up their cases to the international, regional human rights mechanisms like the European Court of Human Rights and the United Nations Human Rights Committee. The organization gives legal support free of cost to the victims of the crimes—their preparation and submission to their case. We need to consider various aspects to implement laws to protect victims against crimes against humanity.

 

Prosecuting The Perpetrators:

The Trial International fights impunity by filing by claiming compensation for the criminals against the perpetrators of crime against humanity. Trial further pushes the National justice systems to further check the situations and prosecute the perpetrators of mass atrocities. The following complaints are brought up to the international units. The following works on the basis of the principles of universal jurisdiction.

Read more such blogs on International Law and how it affects the world in real time. 


Author: Shweta Singh