Crimes Against Humanity - TRIAL International (2024)

What are crimes against humanity?

Crimes against humanity refer to specific crimes committed in the context of a large-scale attack targeting civilians, regardless of their nationality. These crimes include murder, torture, sexual violence, enslavement, persecution, enforced disappearance, etc.

Crimes against humanity have often been committed as part of State policies, but they can also be perpetrated by non-State armed groups or paramilitary forces. Unlike war crimes, crime against humanity can also be committed in peacetime, and contrary to genocide, they are not necessarily committed against a specific national, ethnical, racial or religious group.

Crimes against humanity under international law

Crimes against humanity appeared for the first time in a treaty in the1945 Nuremberg Charter at the end of the Second World War, albeit with a different definition than today.

Since the 1990s, crimes against humanity have been codified in different international treaties such as the Statute of the International Criminal Tribunal for the former Yugoslavia (1993), the Statute of the International Tribunal for Rwanda (1994) and the Rome Statute of the International Criminal Court (1998). The Rome Statute provides the most recent and most expansive list of specific criminal acts that may constitute crimes against humanity.

Unlike other human rights violations, war crimes do not engage State responsibility but individual criminal responsibility. This means that individuals can be tried and found personally responsible for these crimes.

See Also
criminal law

Prohibited acts include:

  • Murder
  • Extermination
  • Enslavement
    Deportation or forcible transfer of population
  • Imprisonment
  • Torture
  • Sexual violence
  • Persecution against an identifiable group
  • Enforced disappearance of persons
  • The crime of apartheid
  • Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health

Rome Statute of the International Criminal Court, Art. 7

TRIAL International tackles crimes against humanity

Governments around the world often deny that crimes against humanity have occurred on their territory, thus ignoring the suffering of their people. Thousands of desperate victims are still struggling to get long-waited justice, reparation and recognition.

Helping the victims

TRIAL International helps victims to get their voice heard by bringing their cases before domestic courts, as well as before regional and international human rights mechanism like the United Nations Human Rights Committee and the European Court of Human Rights. The organization provides free legal support to victims, from the preparation and submission of their case, to the proceedings and the implementation of the decisions on the ground.

Prosecuting the perpetrators

TRIAL International fights impunity by filing criminal and compensation claims against perpetrators of crimes against humanity. These complaints are brought before international bodies, and before national courts thanks to the principle of universal jurisdiction. TRIAL also pushes national justice systems to investigate situations and prosecute the perpetrators of mass atrocities.

Crimes Against Humanity - TRIAL International (2024)

FAQs

Which international court tries individuals accused of crimes against humanity? ›

The International Criminal Court in The Hague prosecutes those accused of war crimes, crimes against humanity and genocide. In 1998, 60 countries signed the Rome Statute after it was opened for signature by the United Nations.

Is crimes against humanity an international crime? ›

Since the 1990s, crimes against humanity have been codified in different international treaties such as the Statute of the International Criminal Tribunal for the former Yugoslavia (1993), the Statute of the International Tribunal for Rwanda (1994) and the Rome Statute of the International Criminal Court (1998).

Does the US accept the International Criminal Court? ›

The United States is not a state party to the Rome Statute of the International Criminal Court (Rome Statute), which founded the International Criminal Court (ICC) in 2002. As of March 2023, 123 states are members of the Court.

How many people has the ICC convicted? ›

ICC judges have also issued 9 summonses to appear. The judges have issued 10 convictions and 4 acquittals.

Does the ICC have any real power? ›

The International Criminal Court (ICC) in The Hague is a permanent global court that has the power to prosecute individuals and leaders for genocide, crimes against humanity and war crimes.

Where do ICC prisoners go? ›

The ICC Detention Centre is located within a Dutch prison complex in Scheveningen - on the outskirts of The Hague. It functions to hold in safe, secure and humane custody those persons detained under the authority of the ICC.

Why did the US leave the ICC? ›

President George W. Bush's administration actively sought to keep the ICC from attaining jurisdiction over the United States or its citizens. It did so by negotiating bilateral agreements with about 100 other countries to ensure U.S. citizens would have immunity from prosecution by the ICC.

Can you be charged in the US for a crime committed in another country? ›

U.S. citizens are subject to the laws of the foreign countries they visit. You can be prosecuted in the United States for some acts committed overseas. You can be prosecuted even if the acts are legal where they happened.

Is the ICC legitimate? ›

The ICC is an independent body whose mission is to try individuals for crimes within its jurisdiction without the need for a special mandate from the United Nations. On 4 October 2004, the ICC and the United Nations signed an agreement governing their institutional relationship.

What is the success rate of the International Criminal Court? ›

Abstract. Of the thousands of potential cases that could have been investigated by the International Criminal Court (ICC), only 44 individuals have been indicted, with 45 cases currently before the ICC. Further, only 14 out of the 45 have resulted in a complete proceeding, and only nine were convicted.

Who funds the ICC? ›

Although the Court's expenses are funded primarily by States Parties, it can also receive voluntary contributions from governments, international organisations, individuals, corporations and other entities.

What crimes does the ICC have jurisdiction over? ›

The International Criminal Court (ICC) is the world's only permanent international court with a mandate to investigate and prosecute genocide, crimes against humanity, and war crimes. These three sets of crimes — collectively called “atrocity crimes”— have many overlapping characteristics.

Who tried crimes against humanity? ›

The United Nations has been primarily responsible for the prosecution of crimes against humanity since it was chartered in 1948. After Nuremberg, there was no international court with jurisdiction over crimes against humanity for almost 50 years.

What is the ICJ of crimes against humanity? ›

The 15 forms of crimes against humanity listed in the Rome Statute include offences such as murder, rape, imprisonment, enforced disappearances, enslavement – particularly of women and children, sexual slavery, torture, apartheid and deportation.

Does the ICJ prosecute individuals? ›

The International Court of Justice (ICJ or World Court) is a civil tribunal that hears disputes between countries. The ICC is a criminal tribunal that will prosecute individuals.

What is the International court for Human Rights violations? ›

The International Criminal Court (ICC) is a court of last resort for the prosecution of serious international crimes, including genocide, war crimes, and crimes against humanity.

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