108
[…] 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.175
[…] 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 1946176 that those responsible for the
commission of such crimes must be punished. In that respect, they point out Resolutions 2583
(XXIV) of 1969177 and 3074 (XXVIII) of 1973.178
[…] Crimes against humanity are intolerable in the eyes of the international community and
offend humanity as a whole. The damage caused by these crimes still prevails in the national
society and the international community, both of which demand that those responsible be
investigated and punished. In this sense, the Convention on the Non-Applicability of Statutory
Limitations to War Crimes and Crimes Against Humanity179 clearly states that “no statutory
limitation shall apply to [said internationally wrongful acts], irrespective of the date of their
commission.”
175
Cf. International Criminal Tribunal for the Former Yugoslavia, Prosecutor v. Erdemovic, Case No. IT-96-22T, 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 characterizes
crimes against humanity.
176
Cf. U.N., Extradition and punishment of war criminals, adopted by the General Assembly of the United
Nations by resolution 3 (I) of February 13, 1946; Affirmation of the principles of international law recognized by the
Charter of the Nurnberg Tribunal, adopted by the General Assembly of the United Nations by resolution 95 (I) of
December 11, 1946; Surrender of war criminals and traitors, adopted by the General Assembly of the United
Nations by 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 by
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 by 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 by 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 by Resolution 2840 (XXVI) of December
18, 1971; and Crime Prevention and Control, adopted by the General Assembly of the United Nations by Resolution
3021 (XXVII) of December 18, 1972.
177
The General Assembly stated that the “thorough investigation” of war crimes and crimes against
humanity, and the punishment of those responsible for such crimes “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 co-operation among peoples and the promotion of international peace and security.”
Cf. U.N., 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 by Resolution 2583 (XXIV) of December 15,
1969.
178
“War crimes and crimes against humanity, wherever they are committed, shall be subject to investigation
and the persons against whom there is evidence that they have committed such crimes shall be subject to tracing,
arrest, trial and, if found guilty, to punishment. […] States shall not take any legislative or other measures which
may be prejudicial to the international obligations they have assumed in regard to the detection, arrest, extradition
and punishment of persons guilty of war crimes and crimes against humanity” (U.N., Principles of international cooperation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crime against
humanity, adopted by the General Assembly of the United Nations by resolution 3074 (XXVIII) of December 03,
1973).
179
Adopted by the General Assembly of the United Nations by Resolution 2391 (XXIII) of November 26,
1968. Entry into force: November 11, 1970.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos