International Criminal Law
356
As already observed, the offences enumerated above constitute crimes against
humanity when they are perpetrated against any civilian population in a widespread
or systematic manner. Evidence of either a ‘widespread’ or ‘systematic’ element
suffices, although, in practice, it will not be unusual for both to co-exist. International
law requires that only the overall attack, and not the underlying offences, be
widespread or systematic. This means that a single offence could be regarded as a
crime against humanity if it takes place under the umbrella of a widespread or
systematic attack against a civilian population.
105
The
Blaskic
judgment held that the term ‘systematic’ requires the following
ingredients: (a) the existence of a political objective, a plan pursuant to which the attack
is perpetrated or an ideology that aims to destroy, persecute or weaken a community;
(b) the perpetration of a crime on a large scale against a civilian group, or the repeated
and continuous commission of inhumane acts linked to one another; (c) the preparation
and use of significant public or private resources, whether military or other; and (d)
the implication of high-level political and/or military authorities in the definition and
establishment of the plan.
106
The
Akayesu
judgment defined a systematic attack as one
that is ‘thoroughly organised and following a regular pattern on the basis of a common
policy involving substantial public or private resources’.
107
Unlike the French Cassation
judgments, the ICTR affirmed that there is no requirement that such policy be formally
adopted as the policy of the State.
108
Moreover, the existence of a plan does not have to
be expressly declared, nor clearly and precisely stated, in order to prove the ‘systematic’
element of crimes against humanity.
109
This does not mean that crimes against humanity
may be the work of private individuals acting alone, but they can be orchestrated and
executed by organised non-State entities.
110
This was the conclusion reached by an
ICTY Trial Chamber in its r 61 Review of the evidence against the leader of the Bosnian
Serbs, Radovan Karadzic. The ICTY ascertained the existence of a policy of ‘ethnic
cleansing’, consisting of a systematic separation of non-Serbian men and women with
subsequent internment in detention facilities, extensive damage to sacred symbols
with intent to eradicate them, shelling of Sarajevo in order to expel non-Serbian
residents, and establishment of camps devoted to rape, enforced pregnancy and
enforced prostitution of non-Serbian women. The purpose of these camps and the
policy of sexual assaults in general was found to be the displacement of civilians and
the incurring of shame and humiliation to the victims and their communities, thus,
forcing them to leave.
111
As evidence of plans of this nature will seldom be retrieved in
writing, it suffices if such planning can be inferred from relevant circumstances, even
if not expressly declared or stated clearly and precisely. Such circumstances include
105
Do'stlaringiz bilan baham: