Crimes Against Humanity: Legal Dimensions, Elements, and Judicial Practices

1. Introduction

Crimes against humanity are among the gravest violations of international criminal law . These crimes go beyond targeting individual rights; they are acts committed against society, human values, and international peace . Articles 77 and 78 of the Turkish Penal Code contain regulations concerning these crimes and are also in line with the Rome Statute (International Criminal Court) and UN conventions

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2. Elements of Crimes Against Humanity

For a crime against humanity to occur:

• Prevalence: The actions must be directed at a large segment of the population.

• Systematic approach: It must be planned in advance and carried out in an organized manner.

• Targeting civilians: Civilians are directly targeted, not military objectives.

• State or organizational support: The perpetrator is usually within authorities or organized structures that wield public power.

Article 77 of the Turkish Penal Code also requires "systematic attacks against a segment of society for political, philosophical, racial, or religious reasons.".

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3. Crimes Against Humanity in Turkish Law (Turkish Penal Code Articles 77-78)

3.1. Amendment of Article 77 of the Turkish Penal Code

• Those who commit crimes against humanity to aggravated life imprisonment .

• The acts intentional killing, torture, ill-treatment, enslavement, forced labor, deportation, and sexual assault .

• The statute of limitations does not apply (Turkish Penal Code Article 77/4).

3.2. Amendment of Article 78 of the Turkish Penal Code – The Principle of Universality

• It doesn't matter whether the perpetrator is a Turkish citizen or a foreigner.

• If the perpetrator is located in Türkiye, Türkiye has jurisdiction to prosecute this crime.

• This is a clear manifestation of universal jurisdiction

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4. Crimes Against Humanity in International Law

4.1. Rome Statute (1998)

• The International Criminal Court (ICC) has categorized crimes against humanity under 11 headings.

• The definition of the crime emphasizes "widespread or systematic attacks against the civilian population.".

4.2. UN Conventions

• 1948 Genocide Convention: Genocide is the gravest form of crimes against humanity.

• 1984 Convention Against Torture: Systematic torture is prohibited.

• The 1949 Geneva Conventions: These conventions prohibit attacks on civilians in armed conflicts.

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5. Types of Crimes Against Humanity

5.1. Intentional Homicide

The extermination of a segment of the population for political, ethnic, or religious reasons.
➡️ Example: Srebrenica Massacre (1995).

5.2. Torture and Ill-treatment

Systematic torture and ill-treatment in detention by the state.

5.3. Enslavement and Forced Labor

Human trafficking, forced labor, sexual slavery.

5.4. Exile and Forced Migration

Forced displacement of the population.
➡️ In the Turkish Penal Code, "exile" is also regulated as a crime against humanity.

5.5. Sexual Crimes

Forced pregnancy, systematic rape.
➡️ This is regulated as a separate heading in the Rome Statute.

5.6. Forced Disappearance

The forced abduction and disappearance of individuals, without informing their families.

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6. Supreme Court and International Court Decisions

• The 16th Criminal Chamber of the Supreme Court of Appeals, in its decision numbered 2017/4820 E., 2018/2345 K. , emphasized that village evacuations and systematic attacks should be evaluated within the scope of Article 77 of the Turkish Penal Code.

• The ICTY (International Criminal Tribunal for Yugoslavia)recognized the mass killings in Srebrenica as crimes against humanity.

• The International Criminal Tribunal for Rwanda (ICTR)has classified genocide and sexual assault as crimes against humanity.

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7. Statute of Limitations for Crimes Against Humanity

According to Article 77/4 of the Turkish Penal Code and international law, there is no statute of limitations.
➡️ Even if years have passed since the crime, the perpetrator can still be prosecuted.

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8. The Difference Between Crimes Against Humanity and Other Crimes

• It differs from individual crimes; it is directed against society.

• Universal jurisdiction exists.

• There is no statute of limitations.

• Regardless of which country the perpetrator is in, a trial can take place.

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9. Conclusion and Evaluation

Crimes against humanity concern not only the victims but also the common conscience of humanity . Turkish law and international law punish these crimes with the harshest penalties. The fact that there is no statute of limitations, universal jurisdiction, and aggravated life imprisonment demonstrates the gravity of these crimes.