Exploration And Analysis On "Objective Elements" Of Crimes Against Humanity In Rome Statute

From Treaty of Sevres first mentioned the item of crimes against humanity to the Rome Statute enacted a relatively complete set, crimes against humanity as a most evil crime has long been a high-profile topic. However, after over and over tragic events, the recurrence of crime against humanity make us to rethink this crime. Comparing with other international crimes, crimes against humanity as one of the main international crimes, its establishment is relatively late, so it is still in the phase of development. After enactment of Rome Statute, crimes against humanity still has some problems no matter in the theoretical researches or in the judicial practice. And the key of these problems is that there is a shortage of theoretical researches on “objective elements” of crimes against humanity. However, there is not even a consolidated conclusion on constitution of a crime which we can base on the international criminal law. So, if we tried to study on “objective elements” of crimes against humanity, we should make an acknowledgement first what kinds of “objective elements” does international criminal theory really needs to constitute crimes against humanity.However, at present whatever domestic or foreign scholars are usually based on their own domestic related theory to understand and study on “objective elements” of crimes against humanity. And the limitation of this kind of logical thinking and the research pattern not only hinder the further development of theoretical study and judicial practice of crimes against humanity, but also disintegrate the countries all over the world to establish an unified and comprehensive will and desire for a legal norm. In order to avoid this kind of fragment which can lead to the stagnation of the theory research, this paper attempts to comparing the “objective elements” in different legal systems to find out their similar terms at this point, then inserts the similar terms to the theory of international crimes, and analyzes the “objective elements” of crime against humanity in Rome Statute. Because there is no title like the “objective elements” in international crime theory. So, for the sake of understanding, this article adopts the terms of relevant theory in criminal law of our country instead.Although the “objective elements” of crimes against humanity in Rome Statute has reached a relatively perfect state, and scholars from all countries is putting forward the new ideas and researches continuously, the practice tells us that the current status of theoretical research still can’t cope with some practical problems and concrete details of a case in the trial practice. So, the “objective elements” of crimes against humanity in Rome statute has far away to be further discussed and analyzed.