Crimes against humanity are certain acts that are deliberately committed as part of a widespread or systematic attack directed against any civilian population. These crimes are defined in international law and are considered among the most serious of international crimes.
Crimes against humanity are defined in the Rome Statute of the International Criminal Court (ICC), which lists several acts that constitute these crimes “when committed as part of a widespread or systematic attack against any civilian population.”
- Murder
- Extermination
- Enslavement
- Deportation or forcible transfer of population
- Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law
- Torture
- Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity
- Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender, or other grounds
- Enforced disappearance of persons
- The crime of apartheid, i.e. “inhumane acts […] committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime”
- Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
To qualify as crimes against humanity, the acts must be part of a widespread or systematic attack. This means the acts are either committed on a large scale against a multiplicity of victims or committed pursuant to a preconceived policy or plan.
The ICC, international criminal tribunals, and national courts can prosecute individuals for these crimes.
Crimes against humanity should not be confused with war crimes.
- While crimes against humanity can only be committed against civilians, most war crimes can be committed against both civilians and enemy combatants.
- A crime against humanity must be committed as part of a widespread or systematic attack against a civilian population; there is no such requirement for a war crime.
- Another essential difference is that war crimes can only be committed during armed conflict, while crimes against humanity can be committed at any time, both in peace and war, and against a state's own nationals as well as foreign nationals.