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War crime, a crime against humanity and genocide
Some acts are deliberately committed against humans or a selected part of the human population, which is due to a systematic attack. Over the years, the criminal law has developed through different ways like the evolution of international customary law. Crime against humanity can take place anywhere, anytime, regardless of war or peace, unlike crime, which is committed when there is an armed conflict. It may result in many people being affected by these acts.
A war crime is an act that violates the peaceful feeling of a person or property. It may include killing knowingly, torture, massive destruction of property, unlawful transfer of persons, and other violation according to international criminal laws. ( Goldstone, 2015, pg 55 -75) War and genocide are highly recognized and forbidden under international criminal law. Criminal courts have the mandate to prosecute any of the crimes against humanity and genocide. These crimes may include murder, torture, deportation, imprisonment, rape, and other insensitive acts. According to the memorandum explanatory of the Rome statute, it states that crimes against humanity are a high violation of human dignity and humiliation of persons. One may be a victim of a crime against humanity if associated with the acts mentioned above. It was stated that the provided information which has no reasonable sign of the requirement or element of a crime against humanity (Luis Moreno Ocampo, 2006 Page 4). Some acts like massive deportation of people, which may be committed beyond the framework of the particular conflict, which may sum up to war crimes.
Not only are the acts of genocide punishable, but also, if one has any intention of committing acts of genocide is criminal too. However, the court may find some factors which tend to show that the act was lacking the essential purpose. A proper investigation should be done for full judgment to be done. Almost all offenses that are under crime against humanity may amount to a crime, but the reverse of his may be untrue. The magnitude of aggression against a group of people which may involve the use of weapons, proven by the criminal court, and it suggests systematic and planned attacks may be distinguished as the crime of genocide.
Reference
Luis Moreno Ocampo“OTP letter to senders re Iraq” (PDF). Archived from the original on 2006-02-25. Retrieved 2006-02-25. 9 February 20g06. Page 4
Goldstone, Richard J., and Adam M. Smith. International judicial institutions: the architecture of global justice at home and abroad. Routledge, 2015.