46
96.
Furthermore, the Court acknowledges that the Nuremberg Charter played an
important role in establishing the elements that characterize a crime as a “crime
against humanity.” This Charter provided the first articulation of the elements for
such a crime.119 The original conception of such elements remained basically
unaltered as of the date of the death of Mr. Almonacid-Arellano, with the exception
that crimes against humanity may be committed during both peaceful and war
times.120
On that basis, the Court acknowledges that crimes against humanity include the
commission of inhuman acts, such as murder, committed in a context of generalized
or systematic attacks against civilians. A single illegal act as those mentioned above,
committed within the described background, would suffice for a crime against
humanity to arise. In the same sense, the International Tribunal for the Former
Yugoslavia rendered judgment in the Case of Prosecutor v. Dusko Tadic, when
considering that “a single act committed by a perpetrator within a context of a
generalized or systematic attack against the civil population brings about individual
criminal liability, and it is not necessary for the perpetrator to commit numerous
offenses in order to be considered responsible.”121 All these elements were already
legally defined when Mr. Almonacid-Arellano was executed.
97.
On the other hand, the International Military Tribunal for the trial of the Major
War Criminals (hereinafter the “Nuremberg Tribunal”), which had jurisdiction to hear
the cases of crimes included in the London Charter, stated that the Nuremberg
Charter “is the expression of International Law existing at the moment of its
creation, and to such extent, is in itself a contribution to International Law.”122 In
this way, it provided recognition to the existence of an international custom, as an
expression of international law, which prohibited such crimes.
119
Article 6 - The Tribunal established by the Agreement referred to in Article 1 hereof for the trial
and punishment of the major war criminals of the European Axis countries shall have the power to try and
punish persons who, acting in the interests of the European Axis countries, whether as individuals or as
members of organizations, committed any of the following crimes:
[…]
(c) CRIMES AGAINST HUMANITY: namely, murder, extermination, enslavement, deportation, and other
inhumane acts committed against any civilian population, before or during the war; or persecutions on
political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction
of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.
120
Cf. United States Nuremberg Military Tribunal, United States v. Ohlendort, 15 I.L.R. 656 (1948);
United States v. Alstotter (1948 Justice Case), in Trials of War Criminals Before the Nuremberg Military
Tribunals Under Control Council Law No. 10 Vol. III 956 (U.S. Gov. Printing Office 1951); History of the
UN War Crimes Commission and the Development of the Laws of War complied by the War Crimes
Commission (1948); Cf. UN, Principles of International Law recognized in the Charter of the Nuremberg
Tribunal. Adopted by the International Law Commission of the United Nations in 1950, UN Doc. A/1316
(1950), part III, para. 123; Article I(b) of the Convention on the non-Applicability of Statutory Limitations
to War Crimes and Crimes against Humanity, adopted by the General Assembly of the United Nations in
Resolution 2391 (XXIII) of November 25, 1968.
121
Cf. International Criminal Tribunal for the Former Yugoslavia, Case of Prosecutor v. Dusko Tadic,
IT-94-1-T, Opinion and Judgment, May 7, 1997, at para. 649. This was subsequently confirmed by the
same court in the Case of Prosecutor v. Kupreskic, et al, IT-95-16-T, Judgment, January 14, 2000, at
para. 550, and Case of Prosecutor v. Kordic and Cerkez, IT-95-14/2-T, Judgment, February 26, 2001, at
para. 178.
122
Cf. Trial of the Major War Criminals before the International Military Tribunal, Nuremberg,
Germany, (1947) at 218.
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