18 - Crimes Against Humanity-text+Hand.

TEXT 4
CRIMES AGAINST HUMANITY
crime against humanity, an offense in international criminal law, adopted in the Charter of
the International Military Tribunal (Nürnberg Charter), which tried surviving Nazi leaders
in 1945, and was, in 1998, incorporated into the Rome Statute of the International Criminal
Court (ICC).
Crimes against humanity consist of various acts—murder, extermination,

enslavement, torture, forcible transfers of populations, imprisonment, rape, persecution,
enforced disappearance, and apartheid, among others—when, according to the ICC , those
are “committed as part of a widespread or systematic attack directed against any civilian
population.” The term also has a broader use in condemning other acts that, in a phrase often
used, “shock the conscience of mankind.” World poverty, human-made environmental
disasters, and terrorist attacks have thus been described as crimes against humanity. The
broader use of the term may be intended only to register the highest possible level of moral
outrage, or the intention may be to suggest that such offenses be recognized, formally, as
legal offenses.
Considered either as a legal offense or as a moral category, the concept of crimes against
humanity embodies the idea that individuals who either make or follow state policy can be
held accountable by the international community. For some, a crime against humanity is
simply an inhumanity of an especially gross type. For others, major atrocities have the
potential to damage international peace, for they are either a prelude to
external aggression or have effects that spill over state borders. For still others, genocide is at
the core of crimes against humanity; the term crime against humanity was first officially used
in condemning the Armenian Genocide and was first adopted in law as a response to
the Holocaust. Genocidal attacks on people on the basis of group membership implicitly deny
the victims’ human status, according to that view, thus affronting all human beings.
Genocide
Definition
Article 2 of the Genocide Convention defines genocide
as any of the following acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group, as such:
1. Killing members of the group;

2. Causing serious bodily or mental harm to members of the group;
3. Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction, in whole or in part;
4. Imposing measures intended to prevent births within the group;
5. Forcibly transferring children of the group to another group.
Article 3 also provides that the following acts shall be punishable:
1. Conspiracy to commit genocide;

2. Direct and public incitement to commit genocide;
3. Attempt to commit genocide;
4. Complicity in genocide.
The Genocide Convention was adopted by the General Assembly of the UN on 9 December
1948 (GA Resolution 260 A [III]) and entered into force in 1951. As of June 2015, 146 States
have ratified the Convention. However, the provisions of the Genocide Convention are
applicable even to States that have not ratified it.
The crime of genocide is also defined in the same terms in Article 6 of the Statute of the
International Criminal Court, adopted in Rome in July 1998. The Court has jurisdiction over
crimes against humanity, war crimes, and genocide. The crime of genocide is different from
the notions of massacres, persecutions, and deliberate attacks against civilians—which
qualify as crimes against humanity.
Interpretation of the Definition of Genocide
Genocide is peculiar when compared to other crimes against humanity or war crimes on
several points: the acts covered, the category constituting the targeted group, and the specific
intent of the offender ( mens rea ).
 Immediate or eventual biological destruction: The acts covered go beyond murder.
They cover actions that may not imply immediate death but that will eventually lead
to disappearance of the group as such. These are deliberate acts that aim to destroy—
immediately or eventually—a group as such. Consequently, the following are
covered: acts deliberately inflicting on the group conditions of life calculated to bring
about its destruction as well as imposing measures intended to prevent birth within
the group, forcible transfer of children, and causing serious bodily or mental harm to
members of the group (including rape).
 Destruction of a group as such: The acts covered by the definition are those that target
an individual not as such, but because he or she is a member of a national, racial,
ethnic, or religious group.
 Destruction in whole or in part: Acts must have been committed with intent to
destroy the group in whole or in part. Interpretation of this clause raises the issue of
whether the requirement of destruction “in whole or in part” only concerns the
destruction or also the intent. Indeed, some acts that amount to genocide do not
necessarily provoke immediate death but will make it impossible for the group to
survive in the short or middle term.
 Proof of specific intent to destroy: As noted above, one of the difficulties of the
definition of genocide is that the acts concerned must show a specific intent to
destroy, beyond particular individuals, a group as such. It is not enough that the
offender has committed the act; it must be proved that he was aiming at the final
result of the crime—the destruction, in whole or part, of a specific group.
Text-4
Crimes against humanity
1. offence- დანაშაული
2. incorporate-ჩართვა
3. statute -წესდება, კანონი
a. a written law passed by a legislative body. b. a rule of an organization or
institution.
4. extermination - განადგურება; killing, especially of a whole group of people or
animals.
5. enslavement - დამონება;
6. torture - წამება;
7. forcible transfers of population- მოსახლეობის იძულებითი გადაადგილება;
8. persecution - the systematic mistreatment of an individual or group by
another individual or group. დევნა;
9. apartheid - აპარდეიდი; Discrimination based on the color of skin and race
10. ICC - The International Criminal Court (ICC)
11. condemn - to pronounce to be guilty, to sentence to punishment, or to pass
judgment against.”
12. outrage - აღშფოთება
13. legal offences - სამართლებრივი დანაშულები;
14. embody - განსახიერება
15. to be held accountable- იყო პასუხიმგებელი;
16. atrocity - an extremely wicked or cruel act, typically one involving physical
violence or injury; სისასტიკე
17. prelude - პრელუდია, შესავალი:
18. external - coming from the outside; გარეგანი;
19. core - ბირთვი, ძირითადი ნაწილი;
20. implicitly - ირიბად; in a way that is not directly expressed;
21. affront -შეურცყოფა;
22.inflict on – to force someone or something to experience something
unpleasant;
23.physical destruction- ფიზიკური განადგურება;
24.incitement-წაქეზება
25.to ratify-რატიფიცირება; to approve and sanction formally; confirm
26.applicable - მოქმედი;
27.massacres -ხოცვა-ჟლეტვა;
28.persecution - დევნა; the act or practice of persecuting especially those who
differ in origin, religion, or social outlook. the condition of being persecuted,
harassed, or annoyed.
29.peculiar - თავისებური, დამახასიათებელი
30.mens rea - criminal intent
31. impose measures- დააწესო ზომები
32.forcible- ძალადობრივი
33.“in whole or in part”-მთლიანობაში ან ნაწილობრივ

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TEXT 4

CRIMES AGAINST HUMANITY

Crimes against humanity consist of various acts—murder, extermination,

1. Killing members of the group;

Article 3 also provides that the following acts shall be punishable:

1. Conspiracy to commit genocide;

Crimes against humanity

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