Crimes against humanity: definition, types, international cooperation and responsibility

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:40

Crimes against the peace and security of mankind are contrary to the idea of humanism and the development of civilization along this path. For thousands of years our society has been gradually striving for a brighter, more peaceful existence, the evaluation of a person and his rights according to his merits. Progress in this direction has been especially noticeable in recent centuries. If in the Middle Ages innocent people who were accused of witchcraft were burned alive at the stake, today most powers have abolished the death pen alty in principle or imposed a moratorium on it. However, this does not negate the fact that the past century, as historians are convinced, was one of the most cruel in world history.

What is it about?

It was in the twentieth century that crimes against the peace and security of mankind began to be considered. Rich in military conflicts and terrible events, this century has given jurists and humanists a huge amount of food for thought. ATlast century, they began to adopt new documentation aimed at improving human life, turning society into a more civilized one. The term was first coined when it was necessary to describe the Ottoman actions towards the Armenians. The powers, united in the Entente alliance, jointly opposed what was happening, although they could not do anything in reality due to the lack of legal documents that would allow this. Then the need to form a legal framework became obvious, which would exclude a repetition of the situation in the future.

First, the concept of "crime against humanity" began to be considered in the League of Nations. Gradually, this term became the object of attention of the UN. The decoding of the concept was revised many times, its description was supplemented. About half a century ago, a convention was adopted that excluded the possibility of determining the limitation period for such acts. From that moment on, the legal community came out to fight evil forces, making it clear by all means that it would not work to go unpunished.

To understand what these crimes are, you can turn to the history of our world and recall a few cases that demonstrate well in practice what it is about.

Nuremberg trials

Among all the cases falling under the provisions of the convention on crimes against humanity, the most famous are the events that were examined in the framework of the Nuremberg trials. The process was named after the name of the locality in which the event was organized. During the year, representatives of different countries tried to determinewhat should be the punishments for the leaders of Germany during the period of fascist power. Until this moment, history simply did not know people who would cause such a huge number of deaths.

By the time this process began, the problem of assigning responsibility for crimes against humanity was due to the lack of an instance that could judge people at the international level. Responsible persons were faced with the need to urgently draw up and accept documentation, form a tribunal to organize the court. There was practically no money for it. According to modern historians, the events of those times are an important step forward in the history of the human community. It was then that the world realized that the former lack of order and impunity was becoming a thing of the past. Persons who committed crimes in wartime will certainly be held accountable for all their deeds. As it became clear, it is impossible to start a war, to torture and kill people without receiving terrible punishment for this. Previously, the maximum that could be feared was removal from power. The Nuremberg trials were the first to allow death pen alty.

Words and names

When the process in Germany gave a general description of crimes against the security of mankind, the acts were formulated as a policy of persecution, repression, destruction of those who opposed the power of the Nazis. Such leaders imprisoned people without holding trials, persecuted and humiliated the innocent, turned people into slaves, tortured, killed. Such accusatory phrases andto this day can cause shivers in an impressionable person.

At that moment, 19 people were accused, all of them were found guilty. Among others, the accused included Goering, Hess. The degree of punishment varied - someone was imprisoned for a decade or more, someone was given the death pen alty. It was the largest court dedicated to illegal acts against society. It is considered the bloodiest in human history.

Eastern areas

A similar event dedicated to international crimes against the peace and security of mankind in the eastern lands was organized in Tokyo. Twenty more people appeared before the tribunal and received indictments. However, not everything is so clear. According to jurists, atomic bombs dropped on Japanese cities are events that also fall under the considered category of illegal acts. The people who are responsible for these accomplishments have not been punished in any way. They made several attempts to organize a trial, but each time the activists were refused, and in reality the process never started.

Pol Pot

It so happened that the international community does not immediately notice what is happening in the Eastern powers. In particular, around the seventies in Cambodia, Vietnam, the Khmer Rouge became more active. Their crimes against the security of mankind at the international level have already attracted attention in the current millennium. Millions of people became victims of the communist movement. Left-wing extremists led by Paul Pot were active during the 75-79s. Ordinary peopledeported, repressed, massacred. At that moment, local managers were inflamed with hatred for all trends from the West, and the intelligentsia strata of society caused a special negative in them. It was possible to become a victim of execution, because you wear glasses, you have a book in Latin at home. The local rulers did not think too much when meeting with religious people - all of them were also waiting for death. If someone dared to express disagreement with the policies of the ruling people, the punishment was death. However, even if a person didn’t say anything like that, didn’t do it, and didn’t even think about it, they could still be accused and shot.

The documents preserved evidence of a huge number of crimes against peace and humanity committed during that period. Western jurists, however, denied the genocide for a long time. The rule of the Khmer Rouge ended in the late 70s, and their leader died a natural death in the 90s. There was no trial for him. By the beginning of the current millennium, there were only five people alive who were accused in that case. Two of them did not make it to the moment of sentencing.

About results

Kang Kek Yeu was imprisoned for 35 years in accordance with the codes of crimes against the peace and security of mankind. The other two were given life sentences. True, if we take into account the age of the convicts, then for the third accused, the sentence can be considered life.

The reason for such a small number of convicts, some believe, is that the Cambodian authorities did not fullyrefer the case to international courts. The meetings were mainly organized within the state. Among the judges, there were mainly persons who acted as representatives of a power that had suffered damage from communist activities.

Yugoslavia

The events that took place in this country also fell under the provisions of the code of crimes against the peace and security of mankind. First, the state became a victim of hostilities, then a large-scale trial began. For the first time, the judges were convened in 1993, and the hearings ended in 2017. Not every culprit was found and arrested. Some are still wanted, and in the event of an official successful capture, these people will also need to be judged. Until the end of the 80s, nationalist sentiments swept many socialist powers, and they were also observed in Yugoslavia. For several decades, within the state, they tried to somehow keep the conflict in check, but by the 90s, the failure of such a policy became obvious. Each nationality aspired to become independent. The Serbs wanted to keep the country, the rest tried to stand out.

It so happened that war crimes against humanity in the Yugoslav lands were committed by numerous partisans, with the participation of which a large-scale and very cruel war developed. Ordinary people were killed for their faith and nationality. People were tortured, and the authorities were incredibly cruel. At the global level, having noticed what was happening, the jurists decided to convene a tribunal. It was the second major event of its kind after the completion of the trial of the Germans and Japanese.

About the results

In total, 142 people were brought to trial. Mostly judged Croats, Serbs. The most famous is Ratko Mladic, who was sentenced to life in prison. No less loudly voiced was the name of Radovan Karadzic, who was sentenced to four decades in prison. Serbian President Slobodan Milosevic died before the verdict. According to many, he is the main reason for what happened.

Rwanda

In this country, at some point, the Tutsi, Hutu conflict began. At the same time, crimes against humanity were committed. Several hundred thousand civilians died during the conflict. True, this happened almost at the same time when people were dying in Yugoslavia, so the world community did not pay attention to Rwanda. Many were simply not interested in what was happening in remote African lands. In the 90s, a civil war broke out on the territory of the state. The Patriotic Front opposed the Hutu government. Comparatively successful attempts were made to pacify the people, at first a truce was concluded, but the population turned out to be polarized. In many ways, the conflict has escalated due to a long-term tension due to the media.

In April 1994, a plane with two presidents was shot down - including Rwanda. Every day for several months in a row, thousands of people were killed in the country. Government structures distributed weapons to the Hutus. By July, the world community decided to stop what was happening, and by autumn it had succeeded. The Tribunal was organized three years later.93 people appeared before the court, of which 12 were acquitted. Several were sentenced to life imprisonment. It was then that one of those isolated cases of convictions for activities as a journalist happened - and at the same time for crimes against humanity. The hearing ended in 2012. Several accused have yet to be found.

About definition

So, what is it - crimes against humanity, for which they are punished to the fullest extent of the law, regardless of how long ago the act occurred? There are several definitions. A complete list of acts classified in this way is given in the ICC Statute, formulated in 1998. This document has been in force since July 2002. By July 2013, the document was recognized by 122 powers.

At the national level, as the type of acts under consideration, it is customary to understand crimes against a peaceful situation, humanity, as well as all military ones that are recorded in the Criminal Code. The Statute contains rules for the harmonization of definitions in force in different countries at the international level. In order to punish such crimes, it is necessary to organize a judicial review, but in most cases such an event within the country can only be carried out in conditions of increased danger, instability, since the courts are not sufficiently independent, cannot give an impartial decision, and do not have the opportunity for a normal consideration of the circumstance. The documentation stipulating military discipline indicates the rules, conditions, measures by whichpunished if a person breaks the rules. However, even the most effective use of such means rarely allows you to punish a high-ranking person.

Geneva concepts and problem progress

A fairly accurate description of crimes against the security of mankind follows from the provisions of the documents adopted in 1949, designed to expand the jurisdiction of the nat. systems of justice regarding wrongful acts of the type in question committed in other powers. All powers, as follows from the convention, are obliged to prosecute, condemn those who are guilty of serious acts, war crimes and directed against a person. In order for jurisdiction to be applied in practice in a certain power, this principle must be fixed nat. legislation.

To ensure that a crime against humanity is punished, it is most effective to organize a hearing at the international level, ensuring the mutual productive work of criminal tribunals. The statute of limitations for this type of infringement has been abolished so that there will be no impunity. At any time, you can start persecuting a person, even if the crime she committed took place a very long time ago. This rule was formulated because it is obvious that at the moment when a person is in power, no one has enough strength and resources to fight it. Sooner or later, the situation changes - and at that moment, criminal proceedings are finally initiated.

Types and forms

Laws define several types of crimes against humanity. Acceptedsingle out illegal acts committed during hostilities directed against peace, against a person, as well as war crimes. Crimes against peace include planning, preparatory work, starting, waging war, as well as military actions that violate the agreements adopted between the powers. Such criminal acts are punished within a certain period, that is, they are subject to a statute of limitations.

War crimes involve the deprivation of life of citizens, torture, turning people into slaves, as well as other similar events organized in relation to the inhabitants of the occupied areas. Such illegal acts include robbery (property belonging to a particular person or society), the killing of prisoners during the war, hostages, people on the sea. This category includes the destruction of settlements, ruin, if there is no obvious need for such because of the war. Such crimes committed during the war are punishable at any time - there is no statute of limitations.

Illegal acts are committed against humanity, which include cruelty of various kinds before the outbreak of war, during such actions, if citizens become victims. This includes persecution based on nationality, faith, political ideas, and other motives. It does not matter where geographically such wrongful acts took place, whether or not they violated the laws of the Power in force at the time the acts were committed.

About timing: features

WhenAs soon as they began to develop legal norms for convicting criminals who commit such large-scale offenses, it became clear that it was necessary either to constantly keep the tribunal active, or to introduce some rules and regulations so that the deeds would not go unpunished. In 1968, it was decided to make a convention, which established the absence of a statute of limitations. This document made it possible to guarantee that every criminal will sooner or later find his conviction. The same principle is laid down in the basis of the ICC statute, defined in 1998. The 29th block of the document indicates the absence of a statute of limitations for all acts that are included in the area of responsibility of the ICC.