Free Legal Aid System Library
Crimes against Humanity
The section combines Article 7 of the Rome Statute, Elements of Crimes, Article 442-1 of the Criminal Code of Ukraine and Ukrainian analytics on patterns of violations.
| Criterion | A war crime | A crime against humanity | General criminal offense |
|---|---|---|---|
| Context | Armed conflict and nexus | Attack on the civilian population | A specific international context is not required |
| Scale | Can be a single episode | A large-scale or systematic attack | It is determined by the national composition |
| Object | A person or object protected by IHL | The civilian population as an object of attack | According to the Criminal Code of Ukraine |
| Knowledge | Circumstances of the conflict and elements of a specific crime | Knowledge of the attack and the connection of the action with it | The form of guilt according to the national norm |
| Legal framework | Article 438, IHL, Article 8 RS | Article 442-1, Article 7 of the Civil Code | The relevant article of the Criminal Code of Ukraine |
Context
Civilian population, course of conduct, multiplicity of acts.
Scale or system
Quantity, geography, repeatability, organization and resources.
Politics
Direct or derived from circumstances; is not replaced by a general assumption.
Knowledge
Relating the individual to the wider attack and being aware of the context.