CRIMES AGAINST HUMANITY: DEVELOPMENT, INTERPRETATION, AND CHALLENGES IN PROSECUTION UNDER THE ICC STATUTE
AUTHOR – VIJAYAVEL CHOCKALINGAM A* & DR. EKTA GUPTA**
* STUDENT AT AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY, UTTAR PRADESH
** ASSISTANT PROFESSOR AT AMITY LAW SCHOOL, NOIDA, AMITY UNIVERSITY, UTTAR PRADESH
BEST CITATION – VIJAYAVEL CHOCKALINGAM A & DR. EKTA GUPTA, A COMPARATIVE STUDY OF REAL ESTATE REGULATION IN MUNICIPAL AND RURAL AREAS UNDER RERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 611-656, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Crimes against humanity are among the gravest of international crimes. This category encompasses acts of unfathomable cruelty. Such acts must be committed as part of a widespread or systematic attack against a civilian population. Crimes against humanity have undergone a significant evolution from the invocation of the laws of humanity in the Martens Clause of the Hague Convention of 1907, through their formal codification in Article 6(c) of the Nuremberg Charter of 1945, to their most comprehensive modern definition in Article 7 of the Rome Statute of the International Criminal Court of 1998. This evolution reflects both the development of international criminal law and the changing nature of mass atrocity.
This dissertation aims to critically analyse the law relating to crimes against humanity as defined, interpreted and prosecuted under the Rome Statute. It tracks the evolution of the concept from its pre-Nuremberg origins through the ad hoc tribunals for the former Yugoslavia and Rwanda, culminating in the ICC’s evolving jurisprudence. The: it examines critically the main features of the Article 7 definition including the widespread or systematic attack requirement, the civilian population requirement, the policy element and mens rea as interpreted by the Pre-Trial Chambers, Trial Chambers and Appeals Chamber of ICC. It examines the main obstacles faced in prosecution at the ICC and responds to state non-cooperation, jurisdictional limitations, political selectivity and evidentiary problems. The focus of this article is the assessment of the ILC’s Draft Articles of 2019 on the Prevention and Punishment of Crimes Against Humanity.
The study employs a doctrinal legal research methodology, supplemented by historical data, comparisons of international criminal law, and institutional analysis. A cohesive theoretical framework based on natural law theory, positive international law theory, cosmopolitan justice theory, responsibility to protect doctrine, and Third World Approaches to International Law.
The principal findings show that although article 7 represents a significant advance in codification, the prosecution record of the ICC reveals interpretive ambiguities, jurisdictional gaps and institutional limitations that constrain its effectiveness. A dozen policy recommendations serve as evidence of developing an international legal framework as well as the ICC’s effectiveness.
Keywords: Crimes Against Humanity, Rome Statute, International Criminal Court, Prosecution Challenges, State Cooperation, Widespread Attack, Systematic Attack, Policy Element, Impunity, ILC Draft Articles