important to point out that, over recent decades, international 171 and national courts, 172 and United Nations bodies 173 have ruled similarly. B.1.1. Elements of crimes against humanity 222. Crimes against humanity have been recognized as a crime under international law, together with war crimes, genocide, slavery and aggression. That means that their content, nature and the related responsibilities have been established in international law irrespective of the provisions of the domestic law of the States. The fundamental characteristic of a crime under international law is that it threatens the peace and security of mankind, because it offends the conscience of humanity. Such crimes are planned State crimes, that form part of an evident policy or strategy against a people or a group of individuals. The perpetrators, typically, are State agents complying with this policy or plan, who take part, in widespread and systematic acts of murder, torture, rape and other heinous acts against the civilian population. 223. The Court notes that the Rome Statute of the International Criminal Court established the definition of this legal concept in its article 7, which states that “crime against humanity” means any of the acts listed in that article 174 when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. The Court also notes that the International Law Commission and other national and international courts have established the elements of crimes against humanity in the same way as the Rome Statute. 171 Cf. ECHR. Case of Kolk and Kislyiy v. Estonia, Nos. 23052/04 and 24018/04. Inadmissibility decision of January 17, 2006; See also, similarlyL Case of Vasiliauskas v. Lithuania [GS], No. 35343/05. Judgment of October 20, 2015, paras. 167, 168, 170 and 172; Extraordinary Chambers in the Courts of Cambodia (hereinafter “ECCC”). Decision on preliminary objections in the case against Ieng Sary (Ne Bis in Idem and Amnesty and Pardon), Case No. 002/19-092007/ECCC/TC, Trial Judgment of November 3, 2011, para. 41. 172 See, in this regard, for example, Supreme Court of Justice of the Nation, Argentina: Appeal. Judgment of November 2, 1995, Case of Erich Priebke No. 16.063/94, considerandum 4 and Concurring opinion of Judge Julio S. Nazareno and Eduardo Moline O’Connor, consideranda 76 and 77; Appeal. Judgment of August 24, 2004, Case of Arancibia Clavel, Enrique Lautaro, case No. 259, consideranda 34 to 38 and Opinion of Judge Antonio Boggiano, considerandum 29; Appeal. Judgment of June 14, 2005, Case of Julio Héctor Simón et al., case No. 17.768, Opinion of Judge Antonio Boggiano, consideranda 28 and 42; See also: Federal Criminal and Correctional Appeals Chamber, Argentina, Appeal for annulment. September 9, 1999, Case of Videla et al., considerandum IV; Federal Criminal Oral Court No. 1 of San Martín, Judgment for crimes against humanity. August 12, 2009, General Riveros et al. in the case of Floreal Edgardo Avellaneda et al., considerandum I; Federal Criminal Oral Court (La Plata). September 26, 2006, Case of “Circuito Camps” et al., case No. 2251/06, considerandum IV.A. See also: Supreme Court of Justice of the Republic of Peru. Special Criminal Chamber. Judgment of April 7, 2009, Case of Alberto Fujimori, File No. 17-2001, consideranda 710 and 711; Superior Court of Justice of Lima. First Special Criminal Chamber. Judgment of September 15, 2010, File No. 28-2001-1ºSPE/CSJLI. Similarly, see: Supreme Court of Justice of Uruguay: Cassation appeal, August 12, 2015. Case file 97-78/2012, Judgment 1,061/2015, considerandum III.1.b; Cassation appeal, August 24, 2016. Case file 170-298/2011, Judgment 1,280/2016, considerandum III.1; Cassation appeal, September 8, 2016. Case file 395136/2012, Judgment 1,383/2016, considerandum III.3. 173 Cf. UN. Human Rights Council. Report of Special Rapporteur torture and other cruel, inhuman or degrading treatment or punishment. A/HRC/34/54. February 14, 2017, para. 18. Available at: https://undocs.org/A/HRC/34/54; International Law Commission First report on crimes against humanity by Sean D. Murphy, Special Rapporteur. A/CN.4/680. February 17, 2015, para. 39. Available at: https://undocs.org/en/A/CN.4/680. 174 (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. 49