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Atrocity crime

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Atrocity crime

An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.

Crimes of aggression are considered by some to be mass atrocity crimes and they are included in the jurisdiction of the International Criminal Court. However, most legal scholars do not consider them to be mass atrocity crimes. While it is certainly a grave violation of international law and frequently the context in which mass atrocity crimes are committed, the crime of aggression is distinguishable because it is an attack on the territory, sovereignty, or political independence of a state rather than on individuals.

The primary international laws defining mass atrocity crimes are the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, the 1949 Geneva Conventions and their 1977 Additional Protocols, and the 1998 Rome Statute of the International Criminal Court. The jurisprudence of the International Criminal Court, ad hoc international criminal tribunals, and the International Court of Justice further define and enforce these laws.

The term "crimes against humanity" has been applied to a wide range of acts and is often seen as broader than the other three mass atrocity crimes. While crimes against humanity can include many acts that also constitute war crimes, genocide, or ethnic cleansing, it bears distinguishing characteristics. Unlike war crimes, crimes against humanity may be committed in times of war or peace and can only be committed against civilian populations. Unlike genocide, the acts need not be targeted against a specific group.

Crimes against humanity have not been codified under a dedicated international treaty. The International Law Commission recently submitted a draft convention to the United Nations General Assembly that would include provisions prohibiting, punishing, and defining crimes against humanity. Despite not being the subject of a dedicated treaty, the prohibition against crimes against humanity is considered customary international law and an established norm, meaning it is binding on all states without exception.

The term has a long history of use both in political and legal contexts. Crimes against humanity, and similar terms, were used in the 18th century and early 19th century to describe slavery and atrocities committed as part of colonialism. Its first formal use in international law was a 1915 declaration condemning the Armenian genocide. Since then the term has been used and defined in similar, but variant ways by the Nuremberg Tribunal, Tokyo Tribunal, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, and International Criminal Court.

The Rome Statute reflects the latest consensus of the international community on the definition of crimes against humanity. The statute did not limit the definition to acts occurring in times of armed conflict, included a wider range of sexual violence as prohibited acts, and expanded the grounds on which persecution can be committed. The statute defines crimes against humanity as any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

At its most essential, "genocide" is acts committed with the intent to destroy a particular group. This destruction may be achieved by both fatal and non-fatal acts, ranging from slavery to rape and from mass killings to forced sterilizations. Like crimes against humanity, genocide can occur in times of peace or war. Genocide is characterized, in large part, by its specific intent requirement. While many of the constitutive acts of genocide are captured by the other atrocity crimes, and in fact were tried under crimes against humanity in the Nuremberg trials, modern conceptions note that the targeting of a protected group for destruction is unique to genocide.

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