Crimes against humanity - concept and signs

Civilians under the control of American soldiers and doctors contemplate the bodies of Jewish women killed by the SS during the Holocaust in Czechoslovakia.
Crimes against humanity

- or
against humanity
- are considered crimes of a particularly heinous and inhuman nature that are part of a general or systematic attack against the civilian population, carried out in furtherance of the policy of a state or organization. [1][][] Crimes against humanity are one of four classes of crimes considered most important by the United Nations for the international community, along with the crime of genocide, war crimes and the crime of aggression. Crimes against humanity committed against civilians include includes a range of crimes against people, such as murder, enslavement, rape and other serious acts of sexual violence, forced population transfers, torture, arbitrary detention, enforced disappearances, persecution of certain groups of the population, racial segregation and, in general, all actions committed with intent to cause great suffering or create a serious threat to the physical integrity or mental or physical health of the victims. In 1968, the Convention on the Inevitability [4] of war crimes and crimes against humanity. A number of countries have determined that they cannot be subject to amnesty or other forms of leniency established by law. [ 5 ]

For the prosecution of crimes against humanity, there is the principle of universal jurisdiction, according to which any state can prosecute and criminally convict their perpetrators, regardless of the place where they were committed, since by their very nature the victim is a victim. The international community and humanity as such . [6] Despite this, in many cases defendants and the countries to which they belong have successfully argued that the principle does not apply to their case. In 1998, the International Criminal Court (ICC) was created with the responsibility to prosecute crimes against humanity, genocide, war crimes and the crime of aggression. By the principle of complementarity, the jurisdiction of the ICC coincides with the jurisdiction of national states. The ICC does not have the support of the world's major military powers, such as the United States, Russia and China.

Historical evolution

Main article: Genocide

The crime of genocide, which is also considered a crime against humanity, is absolutely necessary.

The London Agreement of 8 August 1945, which established the Nuremberg Tribunal Statute, defined as "crimes against humanity" "murder, extermination, enslavement, deportation and any other inhumane acts against the civilian population, or persecution for religious, racial or political reasons when the said acts or prosecutions are committed in connection with any crime against peace or any war crime.”

In 1946, the United Nations General Assembly reaffirmed the principles of international law recognized by the Tribunal's Statute and proclaimed Resolution 96(I) on the crime of genocide, which it defines as "the denial of the right to subsistence to entire groups of people." , including “racial, religious or political”, calling for the necessary measures to be taken to prevent and punish this crime.

This resolution was embodied in the Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the United Nations General Assembly in its resolution 260 A (III) of 9 December 1948 and which entered into force in 1951.

The definition of genocide contained in the 1948 Convention was adopted in Article 4 of the 1993 Statute of the International Criminal Tribunal for the Former Yugoslavia, Article 2 of the 1994 Statute of the International Criminal Tribunal for Rwanda and Article 7 of the 1998 Rome Statute, which created the International Criminal Court.

Illegal armed groups

Participation in hostilities on the territory of a country by a person who is not its citizen and does not serve in its army is classified as mercenary activity. Article 359 of the Criminal Code of the Russian Federation provides for various types of liability for this, depending on the corpus delicti:

  • For recruiting and providing material support for mercenaries - up to 8 years in prison.
  • For the same actions committed with the help of official position – up to 15 years.
  • Participation of a mercenary in hostilities is up to 7 years.

The main criterion for mercenaryism is receiving money for participating in hostilities.

Types of crimes

According to the Rome Statute, the following acts may be considered crimes against humanity:

  • Murder: Premeditated murder.
  • Genocide: The systematic extermination of one or more social groups motivated by issues of race, religion, ethnicity, language, eugenics, sexual orientation, socioeconomic status, social class, politics, ideology, culture, or nationality. This is mass murder aimed at destroying a group, which may even include measures to prevent new births in persecuted groups.
  • Ethnic cleansing: the systematic destruction of ethnic and/or racial groups in a given territory in order to make the territory ethnically homogeneous and maintain ethnic superiority. Methods used: direct expulsion, genocide, deportation and destruction of property.
  • Terrorism: A violent form of political struggle that seeks to destroy the established order or create an atmosphere of terror and insecurity that may intimidate opponents or the population at large.
  • Slavery: The exercise of property rights over a person, including trafficking in persons, especially women and children.
  • Deportation or forced transfer: The removal of people from an area where they are legally present, without reasons permitted by international law, with the understanding that deportation involves crossing national borders and forced removal occurs within them.
  • Imprisonment or other serious deprivation of physical liberty in violation of fundamental rules of international law.
  • Torture: Serious pain or suffering, physical or mental, intentionally inflicted on a person while the accused was under his/her care or control. These include cases of medical torture, an example of which is forced experimentation on humans.
  • Rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, or other sexual violence of comparable severity. Rape and other sexual abuse may also constitute crimes within the Court's jurisdiction as torture because they constitute a crime against humanity or a war crime.
  • Persecution of a group or collectivity with its own identity on political, racial, national, ethnic, cultural, religious or gender grounds or for other reasons generally recognized as unacceptable under international law, in connection with any crime included in the Statute. Persecution refers to the deliberate and serious deprivation of fundamental rights in violation of international law because of the identity of a group or community. It is punished in connection with another act that constitutes a crime against humanity, a war crime or genocide.
  • Enforced disappearance of persons: the detention or abduction of persons by a state or political organization, or with their sanction, consent or acquiescence, together with the refusal to acknowledge the deprivation of liberty or to provide information about the fate of the "disappeared" person, with the intention of depriving them of the protection of the law for an extended period.
  • Crime of Apartheid: Inhumane acts committed in the context of an institutionalized regime of systematic oppression and domination of one racial group over another for the purpose of maintaining that regime.
  • Other inhumane acts of a similar nature which intentionally cause great suffering or harm to physical integrity or mental or physical health: inhumane acts of the same gravity as other crimes against humanity.

The role of the humanitarian legal field

Modern humanitarian law plays a fairly important role in the formation of the general institution of crimes organized and carried out against humanity. It has the following important goals:

  1. Establishment of special rules and mandatory standards of behavior characteristic of participants in the conflict. This is necessary in order to ensure freedom and human rights.
  2. Relieving the suffering of people who have become victims of confrontations.
  3. Protecting the population from various disasters that can be caused by wars.
  4. Identification of unacceptable methods of organizing and conducting military manipulations.

The humanitarian area of ​​law in such a case acts as a source of classification of illegal military operations. Here, violations directed solely against humanity and based on certain principles and standards of internationally established law are considered and studied.

The role of the humanitarian legal field

Responsibility for organizing and implementing actions against humanity is based on concepts and classification categories developed specifically by humanitarian law.

These are effective tools for protecting modern civilians!

The process of studying and classifying violations organized against humanity cannot be done without the foundations of criminal law. It is required for the effective formation of the optimal level of human responsibility for encroachments on legal relations established and regulated by modern humanitarian law. This goal is achieved due to such important factors as:

  1. Determination and fixation of the structure of regulations relating to violations of the law of a military nature.
  2. Recording illegal operations aimed solely against humanity.

The listed actions should relate to various armed military clashes taking place both at the international and domestic levels.

List of crimes against humanity by death toll

List of crimes against humanity
Example of a crime against humanityLocationstart dateFinal dateLowest death toll estimate (excluding denial)Highest death toll estimateOther statistics
Arab slave tradeWestern Asia, North Africa, East Africa, India and Europe700 s18997 545.000 -(1500 — 1899) [ 8 ]70,000,000 -(700s-1899) [9]
Massacres under Ranavalona IMadagascar183318392 500 000 [ 10 ]2 500 000Half of Madagascar's population died [10]
Late Victorian burnt offeringsIndia, China, Brazil, Ethiopia, Korea, Vietnam, Philippines and the island of New Caledonia.1876190230 000 00060 000 000
Massacres under Chiang Kai-shekPeople's Republic of China192819465 965 000 [ 11 ]18 522 000 [ 11 ]
Holocaust in Asia [12]East Asia and the Pacific19311945from 3,000,000 to 10,000,000 [13]30 000 000 [ 14 ]
Nazi HolocaustTerritories occupied by the Third Reich during World War II (Germany, Poland, France, Hungary, Czechoslovakia, USSR, Yugoslavia, etc.) [15]1941 [ 16 ]19456 000 00018 653 000 [ 17 ]It is estimated that more than 6 million Jews died, but this figure does not include other victims of the Holocaust such as Soviet citizens, Poles, Serbs, the disabled, Gypsies, homosexuals, Jehovah's Witnesses, etc.
see also

Holocaust victims.

Great Leap Forward [ 18 ]People's Republic of China1958196111 600 000 [ 19 ]55 000 000 [ 20 ]Frank Dikötter estimates that at least 2.5 million people were beaten or tortured to death, and another 1 to 3 million committed suicide. [ 21 ] The Great Leap Forward also resulted in the greatest destruction of real estate in human history, surpassing any of the bombings of World War II. [22] Approximately 30 to 40 percent of all houses were demolished. [23] Frank Dikötter argues that "houses were demolished to make fertilizer, build canteens, relocate villagers, straighten roads, make way for a better future, enticing or simply punishing their owners."[22]
Atlantic Slave Trade (Ma'afa)Atlantic Ocean, New World - (America), Africa1500s1700sfrom 2,000,000 to 5,000,000 [24]60 000 000 [ 25 ]
LaogaiPeople's Republic of China19501979from 1,500,000 to 5,000,000 [26]27 000 000 [ 27 ]50 million passed through Laogai camps[28]
Three All PolicyChina194119452 700 000 [ 29 ]2 700 000
Concentration camps of the Second Boer WarSouth Africa and Swaziland1899190226 00040 000During the war, English troops devastated and burned all property. Captured Boers (men, women and children) were moved to concentration camps, where approximately 20,000 people died. News of the inhumane treatment of prisoners by the British increased Britain's negative image in the international community. Some 116,572 Boer men, women and children were moved to concentration camps, as well as some 120,000 black Africans. Due to the harsh conditions in the camps, approximately 25% of the Boers (27,927 Boers, of whom 22,074 were children under 16) and 12% of the African prisoners (14,155, although some put the number as high as 20,000) died in the camps.
GULAGSoviet Union19301953from 1,500,000 to 1,700,000 [30]from 5,000,000 to 6,000,000 [ 31 ] [ ] [ ]18 million people sent to the Gulag from 1930 to 1953.
Atrocities in Equatorial Africa[34]French Equatorial Africa189919401 000 000 [ 34 ]13 000 000 [ 35 ]50% of the indigenous population died [35]
Great PurgeSoviet Union19361938681 692 [ 36 ]1 704 230 [ 37 ]
War crimes during the Soviet-Afghan War [38]Afghanistan19791989562 000 [ 39 ]2 000 000 [ 38 ]
Cultural RevolutionChina19661976400 000 [ 40 ]from 5,000,000 to 10,000,000 [41]
Massacre in Indonesia 1965-1966Indonesia19651966400 0003 000 000
Concentration camps in North Korea [ 42 ] [ ]North Korea1950this year400 000 [ 44 ]1 500 000 [ 45 ]
Agent OrangeVietnam1962this year400 000 [ 46 ]400 000Nearly 4.8 million Vietnamese were exposed to the chemical.
[ 46 ] 500,000 Vietnamese children were born with deformities. [ 47 ] 1,000,000 Vietnamese contracted illnesses linked to the chemical. [48]
Massacres under Mengistu Haile Mariam [49]
(Red Terror (Ethiopia), displacement and settlement in villages, famine 1983–1985)
Ethiopia19751985225 000 [ 50 ]2 000 000 [ 51 ]
Unit 731Harbin, Manchukuo (Japanese-occupied China)19351945210 000440 00010,000 to 40,000 in institutions
200,000–400,000 outdoors
Atrocities against civilians during the Tambov uprisingTambov, Voronezh, Saratov and Penza regions _19201922160 000 [ 52 ]160 00050,000 civilians are interned in camps. [53]
Massacre of monarchists and Catholics during the Vendée WarMainly el este de Francia: Vendée, norte de Sèvres (Poitou), sur de Maine et Loire (Condado de Anjou) and sur de Loira Atlantico (Brittany).17931796127 500160 000Residents of the Vendée: about 170,000 dead in total (75-80% monarchists and 20-25% republicans).
[ 54 ] [ ] In total, about 170,000-200,000 dead. [56]
Nanjing massacreRepublic of China, Nanjing19371938100 000300 00050% of the Chinese in and around Nanjing were killed.
Manila massacreManila, Philippines19451945100 000240 000 [ 57 ]
Massacres under Idi AminUganda19711979100 000500 000
Massacres led by the Lord's Resistance ArmyUganda1987present time100 000 [ 58 ]100 000In 2006, UNICEF estimated that the LRA had abducted at least 25,000 children since the conflict began. [59]
Genocide in RwandaRwanda19941994500 000 [ 60 ]1 000 000
Saudi Arabian war crimes during the Yemeni Civil War (2015–present)Yemen2015this year92 70193 00084,701 [61] - 85,000 Yemeni children starved to death [62]
8,000 died in Saudi bombing [63]
Spanish Civil WarSpain1936194558 000 [ 64 ] ​[ ]400 000 [ 66 ] ​[ ]from 30,000 [68] to 300,000 [69] children stolen by the Franco regime
Bleiburg massacreAustro-Slovenian border1945, mayonnaise1945, mayonnaise70 000 [ 70 ]100 000 [ 71 ]
Ayacucho massacrePeru1980200069 00082 000
War crimes during the Second Italo-Ethiopian WarEthiopia1935193662 000 [ 72 ]485 000 [ 72 ]
Massacres under Francisco Macias NguemaEquatorial Guinea1968197950 000 [ 73 ]80.000 [ 73 ]A third of the population of Equatorial Guinea died.
Condor PlanChile, Argentina, Brazil, Paraguay, Uruguay, Bolivia and sometimes Peru, Ecuador, Colombia, Venezuela1968198950 000 [ 74 ]80 000 [ 75 ]400,000 prisoners [75]
Massacres under Hissene HabréChad1982199040 000 [ 76 ]40 000200,000 people, where they were also tortured [77]
Operation PoloHyderabad (herd)19481948from 30,000 to 40,000 [78]200 000 [ 79 ]
Stalin's repressions in MongoliaMongolia1921 [ 80 ]1939from 30,000 to 35,000 [80]100 000 [ 81 ]
Massacres under Francois DuvalierHaiti1957197130 000 [ 82 ]60 000 [ 82 ]
1991 riots in IraqIraq1991199125 000180 000
War of CanudosBahia, Brazil1893189724 85025 000 [ 83 ]Only 150 of the 25,000 members of the Canudos community survived government repression.
Elimination of dissidents in Syrian government detention centers [84]Syria2011current year, 201411 000 [ 85 ]65 000 [ 86 ]
HorrorFrance1792179416 594 [ 87 ]16 594
Aztec sacrificesAztec Empire1400152120 000 [ 88 ]5 000 000 [ 89 ]
Peasant revolt in El Salvador.Savior1932193210 000 [ 90 ]40 000 [ 90 ]
State terrorism in Argentina in the 1970s and 1980sArgentina19761983800030 000
Hastings massacre Kamuzu BandaMalawi19661994less than 6000 [91]18 000 [ 92 ]
Human rights violations by military dictatorship (Chile)Chile197319902123227
Massacres under the government of Hipólito Yrigoyen (Tragic Week and Rebellious Patagonia)Argentina191919221100 [ 93 ]2856 [ 93 ]
Hama massacre in February 1982Hama, Syria19821982200010 000
False positives in ColombiaColombia198820161,2576.402
Matze genocidePeru19641964
Barrios Altos massacrePeru199119911515
Massacre at La CantutaPeru199219921010
Santa massacrePeru1992199299
Massacre at La CantutaPeru1992199266
Pedro YauriPeru1992199211
Massacres in La Granja, El Haro, San Roque and the murder of Jesus Maria Valle Jaramillo. [ 94 ] Colombia19891998

Crimes against human safety

This type of illegal actions includes various actions that violate the principles of humanity.

For example, justification of Nazism (Article 354.1 of the Criminal Code of the Russian Federation). If the culprit distorts historical facts, justifies the actions of Nazi criminals and denies the verdict of the international tribunal in Nuremberg, then he can be punished with a fine of up to half a million rubles or imprisoned for 5 years.

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Desecration of monuments and disrespect for memorable dates is punishable by a fine of 300 thousand rubles or correctional labor for up to a year.

This type of crime against humanity also includes a threat or attack against people under the protection of international organizations. For this, the offender can be imprisoned for 6 years. If the motive was the deterioration of international relations or the outbreak of war, then this will be recognized by the court as aggravating circumstances and the prison term will reach 10 years.

References

  1. United Nations (17 July 1998). "Rome Statute of the International Criminal Court". United Nations
    .
  2. Losada, Martin (2019). "two. Crimes against humanity". Crimes against humanity and genocide
    . Viedma: National University of Rio Negro. pp. 33-52. ISBN 9789874960146.
  3. UNHCR (9 May 2022). "Crimes against humanity, history's greatest atrocities".
  4. Royal Spanish Academy, ed. (2020). "Inevitability". Pan-Spanish Dictionary of Legal Spanish
    .
  5. Argentina and Guatemala are among the countries that have ruled that amnesties and other forms of leniency in cases of crimes against humanity are illegal. Myrna Mack Foundation (June 28, 2012). "An analysis of amnesty in Guatemala". Myrna Mack Foundation
    .
    CELS. “The last clause and due obedience laws are unconstitutional. Summary of the Nation's Supreme Court Ruling Resolving the Unconstitutionality of Forgiveness Laws." CELS
    .
    Argentina. “Law 27.362. Criminal behavior. Crimes against humanity, genocide or war crimes." . Infoleg
    . May 12, 2022
  6. Macedo, Stephen, ed. (2001). Princeton Principles of Universal Jurisdiction. New Jersey: Princeton University. ISBN 0-9711859-0-5.
  7. "Convention on the Immunity of War Crimes and Crimes against Humanity" (undefined). Office of the United Nations High Commissioner for Human Rights
    .
  8. (1500 - 1599- https://remilitari.com/guias/victimario9.htm
    • 1 000 000 — 1 300 000
    • 115,000 - 180,000 (European Islamic slave trade)

  9. (1600 - 1699 https://remilitari.com/guias/victimario8.htm

  • 1 300 000
  • 130,000 - 200,000 (trade in European slaves of Islam)

(1700 - 1799) - 2,000,000 https://remilitari.com/guias/victimario7.htm (1800 - 1899) - 3,000,000 https://remilitari.com/guias/victimario5.htm

  • Ronald Segal, in The Black Slaves of Islam, estimates the total number of African slaves sent into the Muslim world at 11.5–14 million. This breaks down as follows: 650 to 1600 citing Ralph Austin: Trans-Saharan: 4,820,000 Red Sea: 1.6 million East Africa: 0.8 million TOTAL: 7.22 million posted Citing Paul Lovejoy: 3.5-10.0 million 17th century Sahara: 0.7 million Red Sea: 0.1 million East Africa: 0.1 million Total: 900,000 shipped 18th century Sahara: 0.7 million Red Sea : 0.2 million East Africa: 0.4 million Total: 1,300,000 shipped 19th century Sahara: 1.2 million Red Sea: 0.45 million East Africa: 0.442 million TOTAL: 2,092,000 shipped TOTAL: 11 512,000 sent: 0.4M 10-13Cs: 2.0M 14C: 1.0M 15-19Cs: 10.0M First half of 20th century: 300,000 TOTAL: 14M sent What was the mortality rate among these slaves? Here are some estimates in Segal: Wylde: Each eunuch in Cairo represented 200 dead Sudanese. Hurst, 19th century: Each sale represented the loss of ten of the original population, including raids. Livingston: 1 alive = 10 dead. British Government Rpt: For every 10 slaves who reached Cairo in the 19th century, 50 died along the way. Nachtigall: On one large [typical?] Saharan caravan, 3 or 4 people died for every survivor. British Consul in Zanzibar: 1:1 ratio Mahadi: 20% d. in the Sahara they trade Lovejoy, quoting Martin: 9% total in 19th century East Africa. (Segal: safe estimate) [MEDIAN of these estimates: 3 to 5 deaths for every 1 live import]on one large [typical?] Saharan caravan, 3 or 4 people died for every survivor. British Consul in Zanzibar: 1:1 ratio Mahadi: 20% d. in the Sahara they trade Lovejoy, quoting Martin: 9% total in 19th century East Africa. (Segal: safe estimate) [MEDIAN of these estimates: 3 to 5 deaths for every 1 live import]on one large [typical?] Saharan caravan, 3 or 4 people died for every survivor. British Consul in Zanzibar: 1:1 ratio Mahadi: 20% d. in the Sahara they trade Lovejoy, quoting Martin: 9% total in 19th century East Africa. (Segal: safe estimate) [MEDIAN of these estimates: 3 to 5 deaths for every 1 live import]
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  • Ricard Vines: Irredents. Political prisoners and their children in Franco's prisons [2002]. Madrid: Planeta (Today's Topics), 2010. ISBN 978-84-8460-823-3; and, more specifically, in Chapter III, "Antigone's Lost Children."
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  • Time, Editorial El (June 1, 2018). "This is how massacres declared crimes against humanity took place". Time
    _ Retrieved January 26, 2022.
  • Fight against criminal activities

    In addition to the specialized organizations described above, other international organizations are also used to combat crimes against humanity.

    UN and Interpol

    These two organizations perform different tasks. The UN is a global association created to solve a wide range of international problems. Issues considered by various UN units also include military conflicts. Firstly, the UN Security Council makes decisions on military operations involving various countries. In addition, the United Nations itself has peacekeeping forces, which it sends to unstable countries to maintain peace and counter escalating conflicts.

    The task of Interpol is to search and capture criminals who are on the international wanted list. These may include not only people who have committed criminal crimes, but also war criminals who organized genocide in a particular territory.

    Bibliography

    • Greffrey Robertson: Crimes against humanity.
      The fight for global justice . 2008.
    • Criminalization of barbarism: International Criminal Court
      / co-author. Juan Antonio Carrillo Salcedo, 2000, ISBN 84-89230-24-2, pp. 301-324.
    • Rueda Fernandez, C.: Crimes under International Law: Classification and International Repression
      . Editorial Bosch, Madrid, 2001. ISBN 84-7676-899-0.
    • Corporate Responsibility for Crimes Against Humanity - Volume I
    • Corporate Responsibility for Crimes Against Humanity - Volume II
    • Diario del Juicio - Volume 1 - Complete chronicle of trials for crimes against humanity in Santiago del Estero.
    • Trial Diary - Volume 2 - Complete chronicle of the crimes against humanity trials in Santiago del Estero.
    Control of authorities
    • Wikimedia projects
    • Data: Q173462
    • Multimedia: Crimes against humanity
    • Identifiers
    • BNE: XX547194
    • BNF: 119821755 (data)
    • Earth: 4124385-7
    • LCCN: sh85034027
    • Dictionaries and encyclopedias
    • Britannica: address
    • Data: Q173462
    • Multimedia: Crimes against humanity

    Term

    In the Ukrainian language, two parallel translations of the term are accepted - “crimes against humanity” and “crimes against humanity”. For example, in the Ukrainian version of the “Convention on the Non-Application of Statutes for War Crimes and Crimes against Humanity” the word “humanity” is used, and in the text of the “European Convention on the Non-Application of Statutes for Crimes against Humanity and War Crimes” the word “humanity”.

    From a philological point of view, both terms are correct, but have slightly different meanings. Thus, “crimes against humanity” are crimes that harm a person - health, well-being, honor. They belong to the criminal category and are punishable by law. This is murder, incitement to suicide, beatings, torture, failure to provide assistance to a person in danger, unlawful imprisonment, hostage-taking, human trafficking, exploitation of children, rape, corruption of minors. But “crimes against humanity” pose a threat not to a specific person, but to the human community, the environment, violating the rules of human coexistence. They are punished not only by the laws of a given country, but also by international law. This is propaganda of war, planning and waging war, the use of weapons of mass destruction, piracy, hooliganism on the street, desecration of a grave, cruelty to animals, environmental pollution, the creation of a criminal organization, banditry, a terrorist act.

    Thus, crimes against humanity are also crimes against humanity, but not all crimes against humanity are also crimes against humanity.

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