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Article 7
Crimes Against Humanity
For the purpose of this Statute, ‘crime against humanity’ means any of the following acts
when committed as part of a widespread or systematic attack directed against any civilian
population, with knowledge of the attack:
a. Murder;
b. Extermination;
c. Enslavement;
d. Deportation or forcible transfer of population;
e. Imprisonment or other severe deprivation of physical liberty in violation of
fundamental rules of international law;
f. Torture;
g. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization,
or any other form of sexual violence of comparable gravity;
h. Persecution against any identifiable group or collectivity on political, racial, national,
ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are
universally recognized as impermissible under international law, in connection with
any act referred to in this paragraph or any crime within the jurisdiction of the Court;
i. Enforced disappearance of persons;
j. The crime of apartheid;
k. Other inhumane acts of a similar character intentionally causing great suffering, or
serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
a. ‘Attack directed against any civilian population’ means a course of conduct involving
the multiple commission of acts referred to in paragraph 1 against any civilian
population, pursuant to or in furtherance of a State or organizational policy to commit
such attack;
According to Article 7 (1) of the Rome Statute, crimes against humanity do not need to be
linked to an armed conflict and can also occur in peacetime, similar to the crime of
genocide. That same Article provides a definition of the crime that contains the following
main elements:
1. A physical element, which includes the commission of “any of the following acts”:
2. A contextual element: “when committed as part of a widespread or systematic attack
directed against any civilian population”; and
3. A mental element: “with knowledge of the attack”
The contextual element determines that crimes against humanity involve either large-scale
violence in relation to the number of victims or its extension over a broad geographic area
(widespread), or a methodical type of violence (systematic). This excludes random,
accidental or isolated acts of violence. In addition, Article 7(2)(a) of the Rome Statute
determines that crimes against humanity must be committed in furtherance of a State or
organizational policy to commit an attack. The plan or policy does not need to be explicitly
stipulated or formally adopted and can, therefore, be inferred from the totality of the
circumstances.
In contrast with genocide, crimes against humanity do not need to target a specific group.
Instead, the victim of the attack can be any civilian population, regardless of its affiliation
or identity. Another important distinction is that in the case of crimes against humanity, it
is not necessary to prove that there is an overall specific intent. It suffices for there to be a
simple intent to commit any of the acts listed, with the exception of the act of persecution,
which requires additional discriminatory intent. The perpetrator must also act with
knowledge of the attack against the civilian population and that his/her action is part of
that attack.
http://www.un.org/en/genocideprevention/crimes-against-humanity.html
Introduction
The last two elements for each crime against humanity describe the context in which the
conduct must take place. These elements clarify the requisite participation in and
knowledge of a widespread or systematic attack against a civilian population. However, the
last element should not be interpreted as requiring proof that the perpetrator had
knowledge of all characteristics of the attack or the precise details of the plan or policy of
the State or organization. In the case of an emerging widespread or systematic attack
against a civilian population, the intent clause of the last element indicates that this
mental element is satisfied if the perpetrator intended to further such an attack.
When the police open fire in Duterte’s war, the suspects almost always
die.
The kill ratio is much higher than in countries with comparable drug-
related violence.
His remarks generated an international outcry. US Secretary of Defense Ash Carter said
[68]
the statement was "deeply troubling".[69][70] The German government told the Philippine
ambassador that Duterte's remarks were "unacceptable."[71] On October 2, Duterte made an
apology to the Jewish community following his remarks. He said that he did not mean to
derogate the memory of 6 million Jews slaughtered by the Germans.[72][73]
At the beginning of October, a senior police officer told The Guardian that 10 "special ops"
official police death squads had been operating, each consisting of 15 police officers. The
officer said that he had personally been involved in killing 87 suspects, and described how
the corpses had their head wrapped in masking tape with a cardboard placard labelling
them as a drug offender so that the killing would not be investigated, or they were dumped
at the roadside ("salvage" victims). The chairman of the Philippines Commission on Human
Rights, Chito Gascon, was quoted in the report: "I am not surprised, I have heard of this."
The PNP declined to comment. The report stated: "although the Guardian can verify the
policeman's rank and his service history, there is no independent, official confirmation for
the allegations of state complicity and police coordination in mass murder."[74]
Family members and witnesses repeatedly contested the police description of how people
were killed. Police descriptions bore striking similarities from incident to incident; official
police reports in several cases documented by Amnesty International claim the suspect’s
gun “malfunctioned” when he tried to fire at police, after which they shot and killed him. In
many instances, the police try to cover up unlawful killings or ensure convictions for those
arrested during drug-related operations by planting “evidence” at crime scenes and
falsifying incident reports—both practices the police officer said were common.
— Amnesty International report “If you are poor you are killed”: Extrajudicial Executions
in the Philippines’ “War on Drugs”[93]