IDENTIFICATION OF MATERIAL AND PSYCHOLOGICAL ELEMENTS OF CRIMES AGAINST HUMANITY AND HOW TO DEAL WITH THEM IN THE INTERNATIONAL CRIMINAL COURT

Abstract

Crimes against humanity are among the most severe international crimes. The conditions and characteristics of this category of crimes are such that it will sacrifice a large number of people. However, this crime is well criminalized in the international arena, and it has been included in the statute of the International Criminal Court and other statutes of international courts. Based on the importance of this subject, the current study aimed at the identification of the material and psychological elements of crimes against humanity and how to deal with them in the International Criminal Court. To do so, the library-based method has been used. First, the concept of crime against humanity and the structure and organization of the International Criminal Court are presented. Then, eleven material elements of crimes against humanity including murder, extermination, enslavement, deportation or forcible transfer of population, Imprisonment or other severe deprivation of physical liberty, torture, sexual violence, harassment, enforced disappearance of persons, apartheid, and other inhumane acts of a similar character were investigated. Finally, the psychological elements of crimes against humanity were evaluated. The investigations showed that the paragraph C of Article 6 of the Charter of the Nuremberg Tribunal speaks of 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 the 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. These crimes are investigated in the International Criminal Court, an independent organization with an international legal personality. The Court jurisdiction includes legislative, thematic or inherent, temporal, territorial or internal, positive or negative, real and universal jurisdiction. Jurisdiction refers to the ability of the court to hear various cases in terms of elements of time, place, type of crime committed, and so on.