Concept and Definition of Crimes Against Humanity
Crimes against humanity refer to serious offenses that violate human rights, committed as part of a widespread or systematic attack directed against a civilian population, with the knowledge or endorsement of a state or organizing authority. The term is defined under international law and encompasses both the specific offenses and the structural elements of the acts as well as their context.
The formulation and codification of ‘crimes against humanity’ first entered international criminal law during the Nuremberg Trials after the end of World War II. Since then, the definition has been repeatedly specified and expanded, particularly through international treaties and statutes of international courts.
Historical Development
First Codification: Nuremberg Trials
The first explicit codification took place in 1945 through the London Charter of the International Military Tribunal, which allowed for the prosecution of Nazi atrocities and served as the basis for the Nuremberg Trials. The Charter introduced crimes against humanity as a separate offense and, for the first time, distinguished it from genocide and war crimes.
Further Development in International Law
With the establishment of international ad hoc criminal tribunals such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and for Rwanda (ICTR), the definition was adapted and expanded. The most comprehensive and currently authoritative definition is contained in the Rome Statute of the International Criminal Court (ICC), which was adopted in 1998.
Legal Foundations
International Law Codification
The fundamental framework for the definition and punishability is provided by the Rome Statute of the ICC. Article 7 of the Statute defines crimes against humanity as a range of intentional acts committed as part of a widespread or systematic attack against a civilian population with the perpetrator’s knowledge. The acts include, among others, murder, extermination, enslavement, deportation or forcible transfer of population, torture, rape, sexual slavery, persecution on political, racial, national, ethnic, cultural, religious, or gender grounds, enforced disappearance of persons, as well as apartheid.
The Statute clarifies that a state of war or armed conflict is not required for a crime against humanity to occur. The acts can also be committed during times of peace.
Constituent Elements
Definition of Attack
A central element is the ‘widespread or systematic attack against a civilian population.’ This refers to a multitude of violent acts that follow a specific plan or policy and are not merely isolated, unrelated incidents.
Contextual Element
Furthermore, there must be a contextual link: the acts must be part of the targeted direction against civilians and be committed with awareness of this context. Spontaneous or random crimes therefore do not fulfill this element.
Criminal Acts
The ICC Statute lists a non-exhaustive catalogue of criminal acts, including:
- Murder
- Extermination
- Enslavement
- Abduction, Deportation
- Imprisonment and other serious deprivation of liberty
- Torture
- Rape and sexual violence
- Persecution on group-based grounds
- Forced sterilizations
- Apartheid
- Other inhumane acts of similar gravity
National Implementation
The States Parties to the Rome Statute are obligated to enshrine the punishability of such acts within their national legal systems and to ensure criminal prosecution. In Germany, this is accomplished particularly through the Code of Crimes against International Law (VStGB), which integrates the international offenses into national criminal law.
Distinction from Other Offenses
Difference from Genocide
Although crimes against humanity and genocide overlap in some aspects, there are key differences: The offense of genocide requires a specific intent to destroy a national, ethnic, racial, or religious group as such (so-called group targeting). Crimes against humanity, in contrast, do not require intent to destroy such a group, but are generally directed against a civilian population.
Difference from War Crimes
War crimes require an armed conflict and are usually committed against combatants or certain groups. Crimes against humanity, however, can occur even during peacetime and are directed against the civilian population.
Prosecution and Sanctions
International Criminal Jurisdiction
The prosecution of crimes against humanity can be carried out at the level of the International Criminal Court or previously by ad hoc tribunals. The Rome Statute grants the ICC explicit jurisdiction when national courts are unwilling or unable to prosecute such crimes.
National Prosecution
States are obligated under the principle of universal jurisdiction to prosecute crimes against humanity regardless of the location of the offense or the nationality of the perpetrators. For example, German prosecution authorities can act under the Code of Crimes against International Law.
Statute of Limitations
Crimes against humanity are generally not subject to a statute of limitations. Numerous international treaties and national laws, including the German VStGB, expressly clarify this.
Importance and Societal Relevance
Crimes against humanity are among the most serious offenses in international law. They are aimed at specifically harming or eliminating groups of people and undermine fundamental principles of humanity and peaceful coexistence. Their systematic prosecution and prevention are central concerns of the international community and a cornerstone of modern international criminal law.
Literature and Legal Sources
- Rome Statute of the International Criminal Court (ICC)
- Code of Crimes against International Law (VStGB) – Germany
- Statute of the International Military Tribunal (Nuremberg Charter)
- Statute of the International Criminal Tribunal for the former Yugoslavia (ICTY)
- Statute of the International Criminal Tribunal for Rwanda (ICTR)
Crimes against humanity occupy a central role in international law. Their definition, prosecution, and sanctioning make a significant contribution towards the protection of human rights and the promotion of rule-of-law and humanitarian minimum standards worldwide.
Frequently Asked Questions
What penalties can be imposed upon conviction for crimes against humanity?
Penalties for crimes against humanity are set out in national and international criminal law. At the international level, for example, Article 77 of the Rome Statute of the International Criminal Court (ICC) stipulates a term of imprisonment of up to 30 years as the principal penalty or, in particularly serious cases, life imprisonment. In addition, additional penalties such as fines or confiscation of property can be imposed. Within many nation states, penalties are often based on the general range for especially serious crimes; however, special provisions for international crimes may exist that provide for considerably more severe sentences. The determining factors for sentencing are, in particular, the scope and gravity of the offense as well as the individual culpability of the accused. International courts also take into account mitigating or aggravating circumstances, such as confessions, remorse, or the particular cruelty of individual acts.
Who is responsible for prosecuting crimes against humanity?
Both international and national courts can be responsible for prosecution. The primary responsibility generally lies with the national judicial authorities of the respective country where the crime took place or where the perpetrators or victims hold citizenship. However, if effective prosecution at the national level is not possible, the International Criminal Court (ICC) can act under the principle of complementarity. Additionally, under international law, ad hoc tribunals (such as the International Criminal Tribunal for the former Yugoslavia, ICTY, or Rwanda, ICTR) may be established for specific conflicts. Furthermore, the principle of universal jurisdiction exists, under which third-party states may pursue prosecution regardless of the location of the offense or nationality of those involved, provided that their national law allows it.
What role does the commander play in responsibility for crimes against humanity?
Commanders and other military or civilian leaders can be held criminally responsible under the international customary law principle of command responsibility—such as when they actively planned, ordered, or directed the commission of the acts, or when they remained inactive despite knowledge or should-have-known of the crimes and failed to take preventive measures or punish the perpetrators. In particular, the Statute of the International Criminal Court expressly regulates this responsibility in Article 28. Both direct and indirect forms of involvement are punishable, so that superiors who violate their supervisory duties may be held as strictly liable as the immediate perpetrators.
How do crimes against humanity differ from war crimes in criminal law?
Although both categories of offenses are regulated under international criminal law, they differ in their prerequisites and protected interests. Crimes against humanity do not require the context of armed conflict; they can also be committed during peacetime, provided they are part of a widespread or systematic attack on the civilian population. War crimes, on the other hand, always require the presence of an international or non-international armed conflict and involve violations of international humanitarian law, particularly the Geneva Conventions. The circle of perpetrators, the specific unlawful conduct, and the connection with political systematics or state planning also differ. Nonetheless, both offenses can overlap, such as in the case of systematic torture of civilians during a conflict.
Is there a statute of limitations for crimes against humanity?
Crimes against humanity are, according to Article 29 of the Rome Statute as well as under most national laws, not subject to a statute of limitations. This means that prosecution and punishment remain possible even many years or decades after the offense. This provision aims to take into account the particular gravity of such crimes and the frequent gaps in prosecution due to political circumstances or dysfunction of national justice systems. The absence of a statute of limitations also corresponds to international practice and reflects the specially protected legal interests at stake.
Can non-state actors also be prosecuted for crimes against humanity?
Yes, the scope of perpetrators includes both state and non-state actors. The only requirement is that the acts are committed in the context of a widespread or systematic attack against a civilian population as defined by relevant international criminal law. In particular, members of armed groups, militias, private security companies, or quasi-state organizations can be held criminally responsible in the same way as state representatives. What matters is that the underlying attack has an organizational structure and a specific direction against the civilian population, which can also be met in the case of non-state perpetrators.
What rights do victims have in the criminal prosecution of crimes against humanity?
Victims enjoy extensive rights in both international and many national proceedings. These include, in particular, the right to participate in court proceedings as joint plaintiffs or witnesses, the right to be heard and to testify, as well as the right to protection from retraumatization and renewed endangerment. Often there is also a right to information about the progress of the proceedings. International criminal courts provide psychosocial support, victim protection measures, and, under certain circumstances, compensation. Within the framework of the ICC, there are special victim funds for reparations and support of affected persons. Additionally, to the extent provided under national law, victims may assert civil claims through the adhesion procedure.
