Crimes Against Humanity

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“Acknowledgment of crimes against humanity was a revolutionary development in the international law and was developed as an off shoot of war crime. The customary international law was averse to the acts committed by the belligerent state over the members of the armed forced of the other state during the armed conflict. But there was little, if not any, laws dealing with the acts committed by the belligerent stated on the civilian of the other state. This lack of any law may be attributed to the nature of the armed conflict which was prevalent before the industrial revolution. But with the onset of industrial revolution and invent of the weapons of mass destruction, the nature of armed conflict changed. This led to a inchoate discussion in the…show more content…
And that exactly was what the allied powers acted after the war.”
“In this paper, the discussion will focus on the evolution of the concept of ‘crimes against humanity’ from the Fourth Hague Convention of 1907 to the Rome Statute of International Criminal Court. The researcher has discussed the legality issues which were faced by the Charter of the International Military Tribunal; the nexus between crimes against humanity and armed conflict as was required by the Charter, ICTY and ICTY and the eventual deviation in the Rome Statute; the inclusion of the discriminatory intent in ICTR and its removal in the Rome
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C. Bassiouni, the concept has its origins being seeded from the humanitarian principles which have regulated the armed conflicts. The concept’s origin can be traced to the preamble of the First Hague convention of 1899, on the Laws and Customs of War that was expanded in the Fourth convention of the Fourth Hague Convention of 1907. But the specific origin of the term as a category of international crimes can be traced to a joint declaration made by the governments of Great Britain, France and Russia denouncing the massacre of the Armenian populations in turkey by the Ottoman Government, in 1915, as ‘crimes against civilization and humanity’ and where the former governments held the members of the latter government responsible. The concept anyhow was not part of the 1919 report of the Commission on the Responsibilities of the Authors of War and on Enforcement of Penalties for Violations of the Laws and Customs of War. This was due to the position of the USA that the juridical content of the ‘laws of humanity’ could not be defined. They went into the nature of war, after taking objection to the use of the terms ‘Laws of Humanity’, wherein they went on to say that the war by its nature was inhuman, but consistent with the laws and customs of war and they further said that the judicial tribunal could only deals with and administers the existing laws and it is not the forum to discuss the moral laws and laws contrary to principles and laws of humanity. “ The
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