Editing Crimes against humanity (section)

===International Criminal Court===
{{Main article|International Criminal Court}}
[[File:International Criminal Court Headquarters, Netherlands.jpg|thumb|right|278px|Headquarters of the ICC in The Hague]]

In 2002, the [[International Criminal Court]] (ICC) was established in [[The Hague]] ([[Netherlands]]), and the [[Rome Statute of the International Criminal Court|Rome Statute]] provides for the ICC to have jurisdiction over [[genocide]], crimes against humanity, and war crimes. ICC proceedings definitions of a "crime against humanity" have evolved significantly from its original legal definition or that used by the UN.<ref name="crimesofwar">{{cite web |url=http://www.crimesofwar.org/thebook/crimes-against-humanity.html |title=Crimes Against Humanity |access-date=2006-07-23 |author=Cherif Bassiouni |url-status=dead |archive-url=https://web.archive.org/web/20060718113035/http://www.crimesofwar.org/thebook/crimes-against-humanity.html |archive-date=2006-07-18 }}</ref> Essentially, the Rome Statute employs the same definition of crimes against humanity that the ICTR Statute does, minus the requirement that the attack was carried out 'on national, political, ethnic, racial or religious grounds'. In addition, the Rome Statute definition offers the most expansive list of specific criminal acts that may constitute crimes against humanity to date.

The [[Rome Statute]] Explanatory Memorandum states that crimes against humanity:
{{blockquote|are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. However, murder, extermination, torture, rape, political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice. Isolated inhumane acts of this nature may constitute grave infringements of human rights, or depending on the circumstances, war crimes, but may fall short of meriting the stigma attaching to the category of crimes under discussion. On the other hand, an individual may be guilty of crimes against humanity even if he perpetrates one or two of the offences mentioned above, or engages in one such offense against only a few civilians, provided those offenses are part of a consistent pattern of misbehavior by a number of persons linked to that offender (for example, because they engage in armed action on the same side or because they are parties to a common plan or for any similar reason.) Consequently when one or more individuals are not accused of planning or carrying out a policy of inhumanity, but simply of perpetrating specific atrocities or vicious acts, in order to determine whether the necessary threshold is met one should use the following test: one ought to look at these atrocities or acts in their context and verify whether they may be regarded as part of an overall policy or a consistent pattern of an inhumanity, or whether they instead constitute isolated or sporadic acts of cruelty and wickedness.<ref name="Horton2"/>}}

To fall under the Rome Statute, a crime against humanity which is defined in Article 7.1 must be "part of a widespread or systematic attack directed against any civilian population". Article 7.2.a states "For the purpose of paragraph 1: 'Attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack'." This means that an individual crime on its own, or even a number of such crimes, would not fall under the Rome Statute unless they were the result of a state policy or an organizational policy. This was confirmed by [[Luis Moreno Ocampo]] in an open letter publishing his conclusions about allegations of crimes committed during the invasion of Iraq in March 2003 which might fall under the [[International Criminal Court|ICC]]. In a section entitled "Allegations concerning Genocide and Crimes against Humanity," Ocampo states that "the available information provided no reasonable indicator of the required elements for a crime against humanity," ''i.e.'', 'a widespread or systematic attack directed against any civilian population'".<ref>[[Luis Moreno Ocampo]]{{cite web |url=http://www.icc-cpi.int/library/organs/otp/OTP_letter_to_senders_re_Iraq_9_February_2006.pdf |title=OTP letter to senders re Iraq |access-date=2006-02-25 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20060225075607/http://www.icc-cpi.int/library/organs/otp/OTP_letter_to_senders_re_Iraq_9_February_2006.pdf |archive-date=2006-02-25 }} 9 February 2006, p. 4.</ref>

The ICC can only prosecute crimes against humanity in situations under which it has jurisdiction. The ICC only has jurisdiction over crimes contained in its statute – genocide, war crimes and crimes against humanity – which have been committed on the territory of a State party to the Rome Statute, when a non-party State refers a situation within its country to the court, or when the United Nation Security Council refers a case to the ICC.<ref>{{cite web |url=http://www.icc-cpi.int/Menus/ICC/About+the+Court/ |title=About the Court |publisher=International Criminal Court |access-date=2011-04-12 |url-status=dead |archive-url=https://web.archive.org/web/20110412060448/http://www.icc-cpi.int/Menus/ICC/About%2Bthe%2BCourt/ |archive-date=2011-04-12}}</ref> In 2005 the UN referred to the ICC the situation in Darfur. This referral resulted in an indictment of Sudanese President [[Omar al-Bashir]] for genocide, crimes against humanity, and war crimes in 2008.<ref name="al-bashir">International Criminal Court, 14 July 2008.{{cite web|url=http://www.icc-cpi.int/press/pressreleases/406.html |title=''ICC Prosecutor presents case against Sudanese President, Hassan Ahmad AL BASHIR, for genocide, crimes against humanity and war crimes in Darfur'' |access-date=2008-07-15 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20080715213414/http://www.icc-cpi.int/press/pressreleases/406.html |archive-date=2008-07-15}}. Accessed 14 July 2008.</ref> When the ICC President reported to the UN regarding its progress handling these crimes against humanity case, Judge Phillipe Kirsch said "The Court does not have the power to arrest these persons. That is the responsibility of States and other actors. Without arrests, there can be no trials."<ref>Judge Philippe Kirsch (President of the International Criminal Court){{cite web|url=http://www.icc-cpi.int/library/organs/presidency/PK_20061009_en.pdf |title=Address to the United Nations General Assembly |access-date=2007-09-14 |url-status=bot: unknown |archive-url=https://web.archive.org/web/20070606232100/http://www.icc-cpi.int/library/organs/presidency/PK_20061009_en.pdf |archive-date=2007-06-06 }}  (PDF) website [http://www.icc-cpi.int ICC], 9 October 2006, p. 3.</ref>