ICC's Identification Of "Other Inhumane Behaviors" Against Crimes Against Humanity

Crime against humanity is the most evil crime in international criminal law.From the Nuremberg and Tokyo military courts to the International Criminal Tribunals of the former Yugoslavia and Rwanda,to the International Criminal Court,crimes against humanity are punishable as the most serious crime against human well-being.Specific crimes such as murder,genocide and slavery in crimes against humanity include “other inhumane acts” as a stipulation.Article 7(1)(11)of the Rome Statute This provision is stipulated in detail in the stipulation that the perpetrator intentionally caused the victim's mental or physical suffering and serious injury,and the crimes of the same nature as the first ten crimes in paragraph 7 are the same as the crime elements.Article 7,paragraph 1(11)Articles 1(1)(11)of the Elements of Crimes:1.The perpetrator caused significant suffering by inhumane acts or caused serious harm to the human body or mental or physical health;The nature of the act is the same as any other act referred to in article 7,paragraph 1,of the Statute;3.The perpetrator is aware of the factual circumstances that determine the nature of the act;4.The act committed is a widespread or systematic attack against the civilian population.Part of the attack;5.The perpetrator knows or intends to make the act part of a widespread or systematic attack against the civilian population.A more specific provision of this offence is provided,which provides for five elements of the offence:in general,the perpetrator's inhumane acts cause significant harm or serious injury to the victim;the conduct is in accordance with article 7,paragraph 1,of the Rome Statute.The remaining ten crimes are “same in nature”;the perpetrator is subjectively aware of the factual circumstances that determine the nature of the act and knows or intends to commit the act;the act of the perpetrator is consistent with the background elements of crimes against humanity.This is the most detailed specification of “other inhumane behaviors”,but the five criminal elements are very vague and abstract,and it is impossible to summarize the core elements to determine whether certain behaviors should be included in the category of “other inhumane behaviors”.Therefore,this article is based on these five elements of crime,and discusses the second and third elements of crime as the core part.Through the current international laws and regulations and the cases of the major courts,it is discussed that the major pain or serious injury and the “nature” are the same.Identify the problems that exist and then analyze the criteria for defining the two elements of the crime.Since “other inhumane acts” are applied in international criminal trials,the arguments and convictions of different courts are not the same,and there may be suspicions of expanding the scope of crimes and contrary to the principle of legality of crimes.In combination with the current domestic and foreign research,combined with the current international serious behaviors such as environmental pollution and transnational human trafficking,it is necessary to conduct a deeper study on the identification of “other inhumane behaviors”,and then in the guarantee of the terms.At the same time of setting goals,defuzzification and abstraction have practical significance for the ever-changing international society of politics and economy.