Since when has this concept been used in law?
The concept of crimes against humanity was first defined in 1945 by the statute of the International Military Tribunal at Nuremberg. This first definition has been modified and expanded several times, notably in 1998 with the creation of the International Criminal Court.
16 of the 24 Nazi leaders tried by the International Military Tribunal at Nuremberg were then found guilty of crimes against humanity.
And today, what about it?
The 1998 Rome Statute establishing the International Criminal Court represents the international community’s most recent and comprehensive consensus on this issue. In France, the crime against humanity became law in 1964. A law of 1994 defines it precisely in French law by taking into account the jurisprudence (trial Barbie in 1987 and Touvier in 1994).
Synonymous with genocide. Genocide refers only to acts of intentional and systematic extermination of persons related to nationality, ethnicity, race or religion. The scope of crimes against humanity is much broader and may cover a variety of acts: arbitrary arrests, slavery, persecution, etc.
If I am told, “a crime against humanity is also a war crime.”
I reply: No, unlike a war crime, a crime against humanity is not necessarily linked to an armed conflict. An act committed in time of peace can therefore be considered a crime against humanity.
