Crimes Against Humanity with Emphasis on the Convention on the Prevention and Punishment of Crimes Against Humanity
Keywords:
Condition of widespread or systematic attack, Politics elementAbstract
Crimes against humanity constitute one of the most significant international crimes and are confronted with the legal vacuum arising from the absence of an independent instrument for their definition, prevention, and suppression. The necessity of filling this gap led to the conception of the “International Convention on Crimes Against Humanity” as a foundational instrument aimed at completing the architecture of international law and strengthening international accountability. This article, through an examination of the two pillars of prevention and punishment, argues that its effective realization depends upon two key factors: binding enforcement guarantees and extensive cooperation among states. By obligating states to criminalize such acts and adopt preventive measures, the Convention establishes a framework for combating crimes against humanity and rendering their commission more difficult. The Convention emphasizes the principles of non-immunity and individual criminal responsibility. Its effectiveness, however, is contingent upon state cooperation. Effective enforcement mechanisms ensure that states comply with their obligations; failure to do so may result in consequences such as international responsibility. Using a descriptive-analytical method, this study examines the status of this issue through international legal instruments and judicial practices in order to demonstrate that the drafting of the Convention on Crimes Against Humanity constitutes a vital advancement, although its effectiveness ultimately depends on institutionalizing robust enforcement mechanisms and political will through interstate cooperation. Only through such measures can this important instrument be prevented from becoming merely a symbolic declaration.
References
Alaei, M. (1999). The International Criminal Court, Human Rights, and the Question of Accession. In The International Criminal Court and the Islamic Republic of Iran. Institute for Political and International Studies.
Amir Arjomand, A. (2022). International Criminal Law: From Theory to Implementation. Dadgostar Publishing.
Ardebili, M. A. (2017). Implementation in Iran of International Conventions Containing the Aut Dedere Aut Judicare Rule. Judiciary Law Journal.
Bassiouni, M. C. (2011). Crimes against Humanity: Historical Evolution and Contemporary Application. Cambridge University Press.
Bassiouni, M. C., & Solhjou, M. A. (2019). Crimes against Humanity in International Law. Khorsandi Publications.
Bigzadeh, E. (1998). A Study of Genocide and Crimes against Humanity in the Statute of the International Criminal Court. International Law Journal.
Bool. (2002). Genocide, Crimes against Humanity, War Crimes: Nullum Crimen Sine Lege.
Clark. (2001). The Rome Statute of the International Criminal Court: A Challenge to Impunity. In The Rome Statute of the International Criminal Court.
Coco, A. (2018). The Universal Duty to Establish Jurisdiction over, and Investigate, Crimes against Humanity: Preliminary Remarks on Draft Articles 7, 8, 9 and 11 by the International Law Commission. Journal of International Criminal Justice.
Cryer, R. (2019). An Introduction to International Criminal Law and Procedure. Cambridge University Press.
Einarsen, T., & Jafari, F. (2023). The Concept of Universal Crimes in International Law. Torkel Opsahl Academic EPublisher.
Fallahian, Z. (2016). A Comparative Study of International Criminal Tribunals. Fourth International Conference on Research in Science and Technology,
Frulli, M. (2018). The Draft Articles on Crimes against Humanity and Immunities of State Officials. Journal of International Criminal Justice.
Hoffmann, T. (2025). The Evolution of the Definition of Crimes against Humanity under International Criminal Law. In The ICC at 25: Lessons Learnt. Central European Academic Publishing.
Hwang. (1998). International Law Journal. International Law Journal.
Karimi, A. (2020). Universal Jurisdiction and Crimes against Humanity Shahid Beheshti University].
Kazemi, S. A. (2023). The Role of the International Criminal Court in Developing the Concept of Crimes against Humanity. Judiciary Law Journal.
Khaleghi, A., & Javidzadeh, H. (2011). The Judicial Approach of the United Nations in Combating Genocide. Law Quarterly: Journal of the Faculty of Law and Political Science, 41.
Khorramshahi, B. (2020). Implementation Challenges of the Convention on the Prevention of Crimes against Humanity. International Law Journal.
Kress, C., & Garibian, S. (2018). Laying the Foundations for a Convention on Crimes against Humanity. Journal of International Criminal Justice.
Megret. (2020). The Politics of International Criminal Law. Leiden Journal of International Law.
Rahimi, S. M. (2022). The Role of Civil Society Organizations in Preventing Crimes against Humanity. Human Rights Studies Quarterly.
Sadat, L. N. (2017). A Contextual and Historical Analysis of the International Law Commission's.
Salimi, S., & Jedari Foroughi, F. (2018). Compensation for Damages Caused by the Commission of International Crimes in the International Criminal Court for Victims in Light of Issued Judgments. Pazhuhesh-e Melal Monthly, 3(36).
Salimi, S., & Jedari Foroughi, F. (2019). Compensation for Damages Caused by the Commission of International Crimes in the International Criminal Court for Victims in Light of Issued Judgments. Pazhuhesh-e Melal Monthly(36).
Seyfi, S. J., & Abdollahi, M. (2011). Attribution of Responsibility in the Jurisprudence of the International Court of Justice in Light of the Genocide Case (Bosnia and Herzegovina v. Serbia and Montenegro). Legal Research Journal of Shahid Beheshti University(Special Issue 5).
van Sliedregt, E. (2018). Criminalization of Crimes against Humanity under National Law. Journal of International Criminal Justice.
Vest. (2001). Zeitschrift fuer die gesamte Strafrechtswissenschaft. Zeitschrift fuer die gesamte Strafrechtswissenschaft.
Werle, G., & Vakil, A. S. (2008). Crimes against Humanity in Contemporary International Law. International Law Journal.
Zakerian, M., & Aghaalikhani, M. (2014). A Study of the International Criminal Tribunal for the Former Yugoslavia: Activities and Achievements. Foreign Policy Quarterly.
Zargari, M. (2022). A Legal Analysis of the Challenges Facing the Adoption of a Convention on Crimes against Humanity. Legal Research Quarterly.
Ziaei Bigdeli, M. R. (2021). International Criminal Law. Ganj-e Danesh Publishing.
Zolain, P. (2020). Foundations of the International Responsibility of States. Institute for Legal Studies and Research.
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Copyright (c) 2025 Farzaneh jedari foroughi (Author); Sadegh Salimi (Corresponding author)
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