El crime Crimes against humanity consist of a widespread or systematic attack against the población civil or against a part it.
In the RAE, the crime Crimes against humanity are defined as:
«Crime in which the damage (death, violation, disappearance, deportation, detention illegal, submission to slavery or sexual exploitation, etc.) is caused as part of a widespread or systematic attack against the población civil or a part of her, or by reason belonging to the victim to a group o collective persecuted on unacceptable grounds (political, racial, national, ethnic, cultural, religious, gender, disability or other grounds recognised as unacceptable under the right international ), or in the context of a regime institutionalized of oppression and systematic domination of a group racial on one or more racial groups and with the intention to maintain that regime. "
By crime against humanity, or crime crimes against humanity, are understood, to the effects of the Statute of the Cutting Criminal law International, approved in July 1998, different types of serious inhuman acts when they meet two requirements: "the commission , the part of a widespread or systematic attack against a población civilAnd with knowledge de saying stroke".
El ataque generalized It means that the acts are directed against a multiplicity of victims. Even though the Statute of the Court Military International Nuremberg, 1945 (the first instrument international which speaks expressly of crime against humanity), did not include the requirement of the generality, its Court, examining inhuman acts as possible crimes against humanity, stressed that the political of terror “was carried out without duda on a massive scale.” In this sense, the Statute clarifies that for “attack against a población civil" will be understood one store of conduct that involves the commission multiple of acts mentioned in paragraph 1 against a población civil, in accordance with the political a State or a Company.
The imprescriptibility of crimes against humanity
La prescription en right penal is the instrument legal through which the extinction of the persecution of criminals in reason of the course of the tiempo.
Crimes against humanity have the special characteristic of being imprescriptible, meaning that they can be prosecuted at any time. tiempo.
Types of crimes
According to Statute of Rome, the following acts may constitute crimes against humanity:
- Murder: Murder deliberate.
- Genocide: Systematic extermination of one or more social groups, motivated by issues of race, religion, ethnicity, language, eugenics, sexual orientation, level socioeconomic, class Social, political, ideology, culture or nationality. It treats a murder of masses that seeks the elimination of the group and which may even include measures to prevent new births in persecuted groups.
- Ethnic cleansing: Systematic extermination of ethnic and/or racial groups from a given area with the aim of intention to make a territorio be ethnically homogeneous and maintain the supremacy ethnic. The methods used are: direct expulsion, genocide, deportation and the destruction of your property.
- Terrorism: Shape violent of fight political, through which the destruction of the order established or the creation of a climate of terror and insecurity likely to intimidate adversaries or the población in general.
- Slavery: Exercise de derechos de your property on a person, including human trafficking, in particular of women and children.
- Deportation o transfer forced of población: Expulsion of persons from the area where they are legitimately present without reasons authorized by the right international , it being understood that the deportation involves crossing national borders, while the transfer forced occurs within them.
- Imprisonment or other severe deprivation of freedom physics in violation of fundamental standards right international .
- Torture: Severe pain or suffering, physical or mental, intentionally caused to a person. person that the accused had under his control custody or control. These include cases of torture medical, an example of which is forced human experiments.
- Violation, slavery sexual, prostitution forced, pregnancy forced, sterilization forced or other sexual abuse of comparable gravity. The violation and other sexual abuses can also constitute crimes of competition of the Court , the torture, while this is a crime crimes against humanity or a crime de war.
- Persecution a group or community with identity own for political, racial, national, ethnic, cultural, religious or gender reasons or for other reasons universally recognized as unacceptable under the right international , in connection with any crime included in the Statute. Por persecution It is understood as the intentional and serious deprivation of derechos fundamental in violation of the right international en reason of the identity a group or community. It is punished in relationship with another act that constitutes a crime crimes against humanity, a crime de war or genocide.
- Disappearance forced of people: detention o kidnapping of people for a State or a Company political, or with your authorization, consent or acquiescence, together with the negative to recognize the deprivation of freedom or to provide insights on the fate of the "disappeared" with the intention to deprive them of the protection of the law for a long period.
- Crimen apartheid: Inhuman acts committed in the context of a regime institutionalized of oppression and systematic domination of a group racial by another with the intention to maintain that regime.
- Other inhuman acts of a similar character intentionally causing great suffering or harm to body, mental or physical health: inhuman acts of a gravity similar to other crimes against humanity.
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