49
committed following a systematic and generalized pattern against the civilian
population, and thus, it is a crime against humanity.
b)
Impossibility to grant an amnesty for crimes against humanity
105. According to the International Law corpus iuris, a crime against humanity is in
itself a serious violation of human rights and affects mankind as a whole. In the Case
of Prosecutor v. Erdemovic, the International Tribunal for the Former Yugoslavia
stated that:
Crimes against humanity are serious acts of violence which harm human beings
by striking what is most essential to them: their life, liberty, physical welfare,
health, and or dignity. They are inhumane acts that by their extent and gravity
go beyond the limits tolerable to the international community, which must
perforce demand their punishment. But crimes against humanity also transcend
the individual because when the individual is assaulted, humanity comes under
attack and is negated. It is therefore the concept of humanity as victim which
127
essentially characterises crimes against humanity.
106. Since the individual and the whole mankind are the victims of all crimes
against humanity, the General Assembly of the United Nations has held since 1946128
that those responsible for the commission of such crimes must be punished. In that
respect, they point out Resolutions 2583 (XXIV) of 1969 and 3074 (XXVIII) of 1973.
In the former, the General Assembly held that the “thorough investigation” of war
crimes and crimes against humanity, as well as the punishment of those responsible
for them “constitute an important element in the prevention of such crimes, the
protection of human rights and fundamental freedoms, the encouragement of
confidence, the furtherance of cooperation among peoples and the promotion of
127
Cf. International Criminal Tribunal for the Former Yugoslavia, Prosecutor v. Erdemovic, Case No.
IT-96-22-T, Sentencing Judgment, November 29, 1996, at para. 28.
Crimes against humanity are serious acts of violence which harm human beings by
striking what is most essential to them: their life, liberty, physical welfare, health, and or
dignity. They are inhumane acts that by their extent and gravity go beyond the limits
tolerable to the international community, which must perforce demand their punishment.
But crimes against humanity also transcend the individual because when the individual is
assaulted, humanity comes under attack and is negated. It is therefore the concept of
humanity as victim which essentially characterises crimes against humanity.
128
Cf. UN, Extradition and punishment of war criminals, adopted by the General Assembly of the
United Nations in Resolution 3 (I) of February 13, 1946; Confirmation of the Principles of International
Law recognized by the Charter of the Nuremberg Tribunal, adopted by the General Assembly of the United
Nations in Resolution 95 (I) of December 11, 1946; Extradition of war criminals and traitors, adopted by
the General Assembly of the United Nations in Resolution 170 (II) of October 31, 1947; Question of the
punishment of war criminals and of persons who have committed crimes against humanity, adopted by
the General Assembly of the United Nations in Resolution 2338 (XXII) of December 18, 1967; 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; Question of
the punishment of war criminals and of persons who have committed crimes against humanity adopted by
the General Assembly of the United Nations in Resolution 2712 (XXV) of December 14, 1970; Question of
the punishment of war criminals and of persons who have committed crimes against humanity adopted by
the General Assembly of the United Nations in Resolution 2840 (XXVI) of December 18, 1971, and Crime
Prevention and Control, adopted by the General Assembly of the United Nations in Resolution 3021
(XXVII) of December 18, 1972.
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