Crimes against the peace and security of mankind contradict the idea of humanism and the development of civilization along this path. For thousands of years, our society has been striving for a brighter, more peaceful existence, for the evaluation of man and his rights as he deserves. Particularly noticeable progress in this direction in recent centuries. If in the Middle Ages innocent people who were accused of witchcraft burned alive at the stake, today most powers have abolished the death penalty in principle or imposed a moratorium on it. However, this does not negate the fact that the past century, as historians are convinced, was one of the most cruel in world history.
What is this about?
It was in the twentieth century that crimes against the peace and security of mankind began to be considered. Rich in military conflicts and terrible events, this century has given lawyers and humanists a huge amount of food for thought. In the last century, they began to adopt new documentation aimed at improving human life, turning society into a more civilized one. The term was first coined when it was necessary to describe Ottoman actions in relation to the Armenians. The powers that united in the Entente union jointly opposed what was happening, although they could not really do anything due to the lack of legal documents that would allow this. Then the need for the formation of a legal framework that would preclude a repetition of the situation in the future became apparent.
At first, the concept of “crime against humanity” began to be considered in the League of Nations. Gradually, this term became the object of attention of the UN. The decoding of the concept was revised many times, its description was supplemented. About half a century ago, they adopted a convention that excluded the possibility of determining the statute of limitations for such acts. From that moment on, the legal community came out to fight evil forces, by all means making it clear that it would not work to go unpunished.
To understand what kind of crimes it is, you can turn to the history of our world and recall a few cases that demonstrate in practice what is at stake well.
Nuremberg trials
Among all cases falling under the provisions of the convention on crimes against humanity, the most famous are the events that were examined in the framework of the Nuremberg trials. The process was named after the name of the locality in which the event was organized. During the year, representatives of different countries tried to determine what punishments should be for the leaders of Germany during the fascist period. Up to this point, history simply did not know people who would cause an equally huge number of deaths.
By the time this process began, the problem of assigning responsibility for crimes against humanity was due to the lack of an instance that could judge people at the international level. Responsible persons faced the need to urgently draw up and adopt documentation, form a tribunal for the organization of the court. There was practically no money for it. According to modern historians, the events of those times are an important step forward in the history of the human community. It was then that the world realized: the former lack of order and impunity was becoming a thing of the past. Persons who commit crimes in wartime will be held accountable for all their deeds. As it became clear, it is impossible to start a war, to torture and kill people without receiving a terrible punishment. Previously, the maximum that could be feared was the removal from power. The Nuremberg trial was the first to allow punishment by death.
Words and Names
When, as part of the process in Germany, a general characterization of crimes against the security of mankind was given, the actions were formulated as a policy of persecution, repression, and the annihilation of those who opposed Nazi rule. Such leaders imprisoned people without conducting trials, persecuted and humiliated innocents, turned people into slaves, tortured, and killed. Such accusatory phrases to this day can cause trembling in the impressionable person.
At that moment, 19 people were blamed, all of them were found guilty. Among others, the number of accused included Goering, Hess. The degree of punishment varied - someone was imprisoned for a decade and longer, someone was sentenced to death. This was the largest court on unlawful acts against society. He is considered the bloodiest in the history of mankind.
Eastern areas
A similar event dedicated to international crimes against the peace and security of mankind was organized in the eastern lands in Tokyo. Twenty more people appeared and received indictments before the tribunal. However, not everything is so simple. According to lawyers, the atomic bombs dropped on Japanese cities are events that also fall under the category of unlawful acts in question. The people who are responsible for these accomplishments were not punished in any way. They made several attempts to organize a court, but each time the activists were refused, and in reality, the process never began.
Pol Pot
It so happened that the international community is not immediately observing what is happening in the eastern powers. In particular, around the seventies, the Khmer Rouge intensified in Cambodia, Vietnam. Their crimes against the security of mankind at the international level have attracted attention already in the current millennium. Millions of people became victims of the communist movement. Left-wing extremists led by Paul Sweat were active during the 75-79s. Ordinary people were deported, repressed, massively killed. At that moment, local managers inflamed with hatred for all the trends from the West, and the intelligent layers of society caused a particular negative. One could become a victim of execution, because you wear glasses, have a book with Latin letters at home. Local rulers did not think too much when meeting with religious people — death also awaited them all. If someone dared to disagree with the policies of governing people, the punishment was death. However, even if a person did not say such a thing, did not do it, or even thought, they could still blame and shoot him.
The documents preserved evidence of a huge number of crimes against peace and humanity committed during that period. Western jurists, however, have long denied genocide. The reign of the Khmer Rouge ended in the late 70s, and their leader died in the 90s. There was no trial of him. By the beginning of the current millennium, there were only five survivors accused in that case. Two of them did not reach the time of sentencing.
About the results
In accordance with the codes of crimes against the peace and security of mankind, Kang Kek Yeu was imprisoned for 35 years. The other two were given life sentences. True, if we take into account the age of the convicts, then for the third accused, the punishment can be considered lifelong.
The reason for such a small number of convicts, as some believe, is that the Cambodian authorities did not completely send the case to international courts. The meetings were mainly organized within the powers. Among the judges were mainly people who spoke as representatives of a state that suffered damage from communist activities.
Yugoslavia
The events that took place in this country also fell under the provisions of the code of crimes against the peace and security of mankind. First, the state became a victim of hostilities, then a large-scale trial began. The judges were first convened in 1993, and the hearings ended in 2017. Not every guilty party was found and arrested. Some are still wanted, and in the case of the official successful capture of these people will also need to be judged. Until the end of the 80s, many socialist powers seized nationalist sentiments, and they were also observed in Yugoslavia. For several decades, the power tried to somehow keep the conflict in check, but by the 90s the failure of such a policy became obvious. Each nationality sought to become independent. The Serbs wanted to save the country, the rest tried to stand out.
It so happened that war crimes against humanity in the Yugoslav lands were committed by numerous partisans, with the participation of which a large-scale and very brutal war developed. Ordinary people were killed for both faith and nationality. People were tortured, and the authorities were incredibly cruel. At the world level, noticing what was happening, legal scholars decided to raise a tribunal. It became the second major event of this kind after the completion of the trial of the Germans and Japanese.
About the results
In total, 142 people appeared before the court. Mostly judged Croats, Serbs. The most famous is Ratko Mladic, sentenced to life in prison. No less loudly sounded the name of Radovan Karadzic, who was assigned four decades of imprisonment. Serbian President Slobodan Milosevic died before being sentenced. According to many, he is the main reason for what happened.
Rwanda
In this country, at some point, the Tutsi, Hutu conflict began. Then crimes against humanity were committed. During the conflict, several hundred thousand civilians died. True, this happened almost at the same time when people were dying in Yugoslavia, so the world community did not pay attention to Rwanda. Many were simply not interested in what was happening in remote African lands. In the 90s, a civil war broke out on the territory of the state. The patriotic front opposed the Hutu government. Comparatively effective attempts were made to pacify people, at first they made a truce, but the population was polarized. In many ways, the conflict escalated due to the long-term tense situation thanks to the media.
In April 94th, an airplane was shot down with two presidents - including Rwanda. Every day, for several months in a row, thousands of people were killed in the country. Government structures handed out weapons to the Hutus. By July, the world community decided to stop what was happening, and by the fall it was successful. The tribunal was organized another three years later. 93 people appeared before the court, of which 12 were acquitted. Several were sentenced to life imprisonment. It was then that one of those isolated cases of sentences for acting as a journalist happened - and at the same time for crimes against humanity. The hearing ended in 2012. Several defendants have not yet been found.
About definition
So, what is it - crimes against humanity, for which they are punished in all severity of the law, not considering how long ago the act took place? There are several definition options. A full list of acts classified in this way is given in the ICC Statute, formulated in 1998. This document has been in force since July 2002. By July 2013, the document was recognized by 122 powers.
At the national level, the type of deeds considered is understood to mean crimes directed against a peaceful situation, humanity, as well as all military personnel that are recorded in the Criminal Code. The statute contains rules for the harmonization of definitions in force in different countries at the international level. In order to punish such crimes, it is necessary to organize a judicial review, but in most cases such an event within the country can be held only in conditions of increased danger and instability, since the courts are not independent enough, cannot give an impartial decision, and do not have the capacity for a normal consideration of the circumstances. The documentation stipulating military discipline contains the rules, conditions, measures that are punished if a person violates the rules. However, even the most effective use of such funds rarely allows you to punish a high-ranking person.
Geneva Concepts and Progress Challenges
A fairly accurate description of crimes against the security of mankind follows from the provisions of documents adopted in 1949, designed to expand the jurisdiction of the nat. justice systems regarding the wrongful acts of the type in question committed in other powers. All powers, as follows from the convention, are obliged to prosecute, condemn those who are guilty of serious acts, war crimes and directed against a person. In order for jurisdiction to be applied in some power in practice, this principle must be fixed by nat. legislation.
In order for the crime against humanity to be punished, it is most effective to organize a hearing at the international level, ensuring the mutual productive work of criminal tribunals. The statute of limitations for this type of violation of law is canceled so that there is no impunity. At any time, you can start the persecution of a person, even if the crime she committed took place a very long time ago. This rule was formulated, since it is obvious that at the moment when the person is in power, no one has enough strength and resources to deal with it. Sooner or later, the situation is changing - and at that moment criminal proceedings are finally initiated.
Types and Forms
Laws define several types of crimes against humanity. It is customary to single out unlawful acts committed during military operations directed against the world, against man, as well as war crimes. Crimes against peace include drafting a plan, preparatory work, launching, waging war, as well as military operations that violate the agreements between the powers. Such criminal acts are punishable at a specific time, that is, a statute of limitations applies to them.
War crimes involve the deprivation of life of citizens, torture, the conversion of people into slaves, as well as other similar events organized in relation to the inhabitants of the occupied areas. Such unlawful acts include robbery (property belonging to a particular person or society), murder of captives during the war, hostages, people in sea navigation. This category includes the destruction of settlements, the ruin, if for this there is no obvious need due to the war. Such crimes committed during the war are punishable at any time - there is no statute of limitations.
Unlawful acts are committed against humanity, which include all kinds of cruelty before the start of the war, during such actions, if citizens become victims. This includes the persecution due to nationality, faith, political ideas and other motives. It does not matter where geographically such unlawful acts took place; it doesn’t matter if they violated the laws of the state that were relevant at the time the actions took place.
About the timing: features
When they just started to develop legal norms to convict criminals committing such a massive offense, it became clear that it was necessary to constantly keep the tribunal active, or to introduce some rules and norms so that the acts were not punished. In 1968, it was decided to make a convention, which established the absence of a limitation period. This document made it possible to ensure that each criminal sooner or later finds his condemnation. The same principle is laid down in the basis of the statute of the ICC, defined in 1998. The 29th block of the document indicates the absence of a statute of limitations with respect to all acts that are included in the area of responsibility of the ICC.