Crimes Against Humanity

Crimes against humanity are serious international crimes. At the beginning of the 20^th century, crimes against humanity appeared in some law documents. Nuremberg Charter have stipulated and practiced crimes against humanity, the Nuremberg international court-martial have put into to adjudge two criminals in trial to Germany war criminals to crimes against humanity. Henceforth, crimes against humanity develop with the development of the international criminal law. There are many causes which may lead to crimes against humanity. Racism , economy contradiction and social order chaos etc. all may lead to the outburst of crimes against humanity.One by one, the law document stipulates about crime against humanity's definitions and the development between them changes a thesis to have narrated the evolution of crime against humanity's definition , to have introduced in history. Nuremberg Charter contains three terms restrictive content in the definition.before or during the war; the victims are any common people; disregarding whether the person violates national law. The regulation getting in touch with war and the armed clash is deleted afterwards, in after having restored and having met with criticism in Statute of the International Criminal Tribunal for the Former Yugoslavia . Statute of the International Criminal Tribunal for Rwanda and Rome Statute of the International Criminal Court don't mention this again. Concrete behavior in definition of crime against humanity increases by gradually. Rome Statute stipulates more than 11 kinds, and the 7th kind include 6 concrete behaviors, defines these behaviors respectively.Have carried out summarization on the characteristic of crimes against humanity in article: Victims include foreigners and the homeland people; It is one kind of international crime; It has the policy color; They consist of gravest and abominable acts of violence and persecution. Crimes against humanity are inflicted on victims based on their membership in a population rather than their individual characteristics. Crime against humanity means the acts when committed as part of a widespread or systematic attack directed against any civilian population. The article has introduced the elements of crime against humanity, including an object element, objective element, subject element and subjective element. Have analysed last three kinds of elements detailedly. Its subject of crime is only the natural man above 18-year-old at present. Subjective aspect is calculated crime. Respectively additionally, have discussed the elements of the 16 kinds of concrete behaviors, and have recollected their legislation history.Article have recollected the process of individual international criminal liability having established , and summed up the principles investigating and affixing personal criminal liability: principle of a legally prescribed punishment for a specified crime , principle of bearing responsibility solely for one's own crime, all people are equal before the international criminal law, principle of suiting punishment to crime and principle of no prescriptive period. There are several reasons why criminals who commit crimes against humanity are exempt from investigation of criminal responsibility, criminal incapacity, disturbance of will in the act,mistake offender and outside reason. Oppose two investigate approaches having stated in the article,the international and the domestic approach, the form approach's history has been narrated detailed, each stage having analysed.The fourth chapter discusses international criminal liability problem of organization and the country which commits crimes against humanity. Have analysed the current different viewpoints to this problem ,discussed international criminal liability rationality and feasibility to the country which commits crimes against humanity, especially the ways organization and the country bearing the criminal liability right away having introduced different viewpoints, and bring forward the writer's viewpoint.Finally recollect the course of cooperation between China and international society in international criminal aspect, brings forward several suggestions to China's international criminal policy.