СRIMES AGAINST HUMANITY: GENESIS AND MODERN GENERAL INTERNATIONAL LAW

The origin of the concept “Crimes against Humanity” (СaH) — one of most serious crimes of international concern — can be found in 1915 Allied Joint Declaration and Martens Clause. CaH were first defined in Art. 6(c) of the Nuremberg IMT Statute. CaH are included in the jurisdiction of International criminal tribunal for former Yugoslavia, Rwanda Tribunal, Special Court for Sierra Leone, Extraordinary Chambers in the courts of Cambodia, Special Panels for serious crimes in East Timor. The Rome Statute of the International Criminal Court (Art. 7) contains a broad definition of this crime that reflects the international customary law. Evolution of the CaH concept includes both the expansion of specific acts, forming this category, and its essential elements: attacks against civilian population; link with armed conflicts; large scale and regularity of attacks; and, probably, inclusion into the illegitimate policy conducted by states and other actors. In the absence of a uniform definition of CaH in the statutes of courts and the convention, the work of International Law Commission makes a considerable contribution to the modern development and understanding of the concept. The adoption by ILC of the CaH definition, based on the ICC Statute will confirm the generally recognized definition of the CaH concept; and a wide range of states’ obligations on suppression, prevention and cooperation proves, inter alia, the erga omnes nature of the CaH prohibition.