Civilian population in crimes against humanity

What is it about?

Although an essential element of the definition of crimes against humanity is a civilian population is targeted, there is no agreement on what civilian population means in this context. Indeed, the notion has been given different meanings depending on whether the crimes are committed in times of conflict or in peacetime. In times of conflict, preference is given to a broad approach based on International Humanitarian Law. More problematic is the attribution of a specific content to the notion in peacetime, where even discrimination has been suggested as a defining criterion. In this paper we contend that a single notion of civilian population in crimes against humanity applicable to every circumstance is needed. Hence, we suggest determining the civilian population on the basis of the rules on State responsibility in International Human Rights Law and general International Law in order to exclude from the civilian population those endowed with public authority.

Featured Image

Why is it important?

Elements of crimes must be restrictively interpreted. To establish what a civilian population is happens to be key to the definition of crimes against humanity. Therefore, this article intends to be a contribution to the delimitation of such an element in order to facilitate the application of crimes against humanity.