Crimes against humanity

Crimes against humanity are among the most serious violations of human rights and consist of:
(1) a specific set of prohibited acts under international criminal law (underlying acts); that are
(2) committed as part of a widespread or systematic attack directed against a civilian population (contextual element).

For an act to be qualified as a crime against humanity, it must not only be committed as part of a widespread or systematic attack directed against a civilian population, but the perpetrator of the act must have knowledge of the attack.

The underlying acts that can constitute crimes against humanity include: murder; extermination; enslavement; deportation or forcible transfer of population; imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; torture; rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international law; enforced disappearance of persons; the crime of apartheid; and other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Crimes against humanity are distinguished from "ordinary" crimes by being widespread or systematic, and by the targeting of civilians. Crimes against humanity, war crimes, and genocide are each considered a "core" international crime, but there are important differences among them. War crimes, by definition, can only be committed in the context of an armed conflict and involve grave breaches of the laws of war. Because crimes against humanity can be, but are not required to be, committed in the context of an armed conflict, it is possible for the same act to constitute both a crime against humanity and a war crime. Genocide differs from both categories because it must be motivated by a specific intent to destroy, in whole or in part, a national, racial, ethnical, or religious group. Although these three categories of crimes are different, there is no hierarchy among them. The distinctions between these crimes reflect legal categories designed to accurately describe the nature of the crimes and to capture the distinct motives and methods of perpetrators.

Frequently asked questions 

Differences between crimes against humanity, genocide, and war crimes

▸ Deportation or forcible transfer as a crime against humanity

  • How can Ukrainian courts distinguish deportation as a war crime from deportation as a crime against humanity?

  • What constitutes coercion in cases where civilians “agreed” to leave under threat or deception?