Crimes against humanity are regulated in detail in Article 7 of the Statute of the International Criminal Court, which has been in force since 2002.
"Justice without power is powerless, power without justice is cruel.”ZÜLFÜ LİVANELİ
Crimes against humanity, to describe the inhuman acts committed by states against people, more so in II. It is one of the international crimes included in the legal texts after the World War II. The concept of crimes against humanity entered the field of international law for the first time in 1945 through the Nürnberg Military Criminal Court trials.
Water committed against humanity, It is regulated in detail in Article 7 of the Statute of the International Criminal Court, which has been in force since 2002. Although Turkey is a party to the Statute, the Statute; It is not yet in force for Turkey. &Cedil;∵ Statue of Turkey signed, but inside; approval procedure in law; it has not yet been implemented.
In crimes against humanity, the perpetrator of crimes can be anyone. However, it should be emphasized that the verbs in the text of the article are "common and systematic". Processing requires a certain organization.
The victim of crime is the civilian population, whether or not they have citizenship ties with the state of the place where the crime was committed. What is meant by the civilian population is “combatant”. status everyone who is not.
Crimes against humanity is regulated as follows in Article 77 of the TCK numbered 5237:
Crimes against humanity
ARTICLE 77- (1) The systematic perpetration of the following acts against a part of the society with political, philosophical, racial or religious motives, in line with a plan, is a crime against humanity; creates:
a) Deliberate killing.
b) Intentional injury.
c) Torture, persecution or enslavement.
d) Deprivation of personal liberty.
e) Subjecting to scientific experiments.
f) Sexual assault, sexual abuse of children.
g) Forced pregnancy.
h) Forced prostitution.
(2) If the act in subparagraph (a) of the first paragraph is committed, the perpetrator is sentenced to aggravated life imprisonment; in case of committing the acts defined in the other subparagraphs, he shall be sentenced to imprisonment not less than eight years. However, for the crimes of willful murder and willful injury committed within the scope of subparagraphs (a) and (b) of the first paragraph, the provisions of real death penalty are applied by the determined number of victims.
(3) Due to these crimes, security measures are also imposed on legal persons.
(4) Due to these crimes, the statute of limitations does not work.
In the TPC numbered 5237, the crimes committed against humanity It has been accepted that if it is committed, it will be punished as follows:
Öorganization
ARTICLE 78- (1) A person who establishes or manages an organization with the aim of committing the crimes stated in the above articles is punished with imprisonment from ten to fifteen years. Those who are members of these organizations are sentenced to imprisonment from five to ten years.
(2) Due to these crimes, security measures are also imposed on legal persons.
(3) Due to these crimes, the statute of limitations does not apply.