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Crimes against Humanity

  1. definition
  2. examples and/or illustrations
  3. other useful sources
  4. bibliography
  5. case law


Definition

  1. a crime or series of crimes, such as genocide, directed against a large group because of race, religion, country of origin, or other reason unconnected with any individual’s responsibility for having committed a criminal act.

definition.com, http://dictionary.reference.com/browse/crime+against+humanity?s=t (Accessed on April 27, 2012).

“Crimes against humanity: namely, murder, extermination, enslavement, deportation or other inhumane acts committed against any civilian population, whether before or during the war, or persecutions on political, racial, or religious grounds in execution with any crime within the jurisdiction of the tribunal, whether or not in violation of the domestic law of the country where perpetrated.”

Article 6(c) of the London Charter of the International Military Tribunal

French translation: Crimes contre l’humanité

 

Examples and/or Illustrations

Used in a sentence:

“The Nuremberg Tribunal, however, failed to fully differentiate crimes against humanity from war crimes. The Tribunal viewed crimes against humanity as an extension of the humanitarian law of war rather than as an autonomous source of rights.”

Lippman, Matthew, Crimes against Humanity, 17 Boston College Third World Law Journal 171 (1997).

“The Nuremberg Charter defined crimes against humanity in terms of certain specific acts (namely murder, extermination, enslavement and deportation), other non-specific ‘inhumane acts’ and finally ‘persecutions based on political, racial or religious grounds’. The limiting factor in all these cases was these acts had to be committed against civilian populations, have some connection with war and be carried out as part of a systemic governmental policy.”

 Fine, Robert, “Crimes against Humanity: Hannah Arendt and the Nuremberg Debates”, European Journal of Social Theory August 2000 vol. 3 no. 3, 294.

 

Other Useful Sources

Bassiouni, Cherif, Crimes against Humanity, http://www.crimesofwar.org/a-z-guide/crimes-against-humanity/ (accessed on April 30, 2012).

Foreign Affairs and International Trade Canada, Canada’s Crimes Against Humanity and War Crimes Act, http://www.international.gc.ca/court-cour/war-crimes-guerres.aspx?view=d (accessed on April 30, 2012).

Human Rights Watch, North Korea: UN Should Investigate Crimes against Humanity, January 24, 2012 (accessed on April 30, 2012).

Human Rights Watch, Statement on the human rights and humanitarian situation in the Syrian Arab Republic at the UN Human Rights Council, February 29, 2012 (accessed on April 30, 2012).

Online Encyclopedia of Mass Violence, Glossary term: Crimes against Humanity, http://www.massviolence.org/Crime-against-Humanity (accessed on April 30, 2012).

 

Bibliography

Bassiouni, Cherif, Crimes Against Humanity in International Criminal Law, Martinus Nijhoff Publishers, 1999.

Bassiouni, Cherif, Crimes Against Humanity: Historical Evolution and Contemporary Application, Cambridge University Press, 2011.

Lippman, Matthew, Crimes against Humanity, 17 Boston College Third World Law Journal 171 (1997).

Mettraux, Guénaël, International crimes and the ad hoc tribunals, Oxford University Press, 2005.

Sadat, Leila Nadya, Forging a Convention for Crimes Against Humanity, Cambridge University Press, 2011.

Fine, Robert, “Crimes against Humanity: Hannah Arendt and the Nuremberg Debates”, European Journal of Social Theory August 2000 vol. 3 no. 3.

 

Case Law

CAMBODIA

  • Summary of Appeal Judgement (KAING Guek Eav), Case File 001/18-07-2007/ECCC/SC, Extraordinary Chambers in the Courts of Cambodia, 3 February 2012

CANADA

  • Mugesera v. Canada (Minister of Citizenship and Immigration), 2005 SCC 40, [2005] 2 S.C.R. 100

RWANDA

  • The Prosecutor v. Ndindiliyimana et al. (Judgment and Sentence), ICTR-00-56-T, International Criminal Tribunal for Rwanda (ICTR), 17 May 2011

SPECIAL COURT FOR SIERRA LEONE

  • Prosecutor v. Charles Ghankay Taylor (Judgement Summary), SCSL-03-1-T, Special Court for Sierra Leone, 26 April 2012

UNITED KINGDOM

  • AA (Art 1F(a) – complicity – Arts 7 and 25 ICC Statute) Iran v. Secretary of State for the Home Department, [2011] UKUT 00339 (IAC), United Kingdom: Upper Tribunal (Immigration and Asylum Chamber), 29 July 2011
  • MT (Article 1F(a) – aiding and abetting) Zimbabwe v. Secretary of State for the Home Department , [2012] UKUT 00015(IAC), United Kingdom: Upper Tribunal (Immigration and Asylum Chamber), 2 February 2012