Considering Terrorism As A Crimes Against Humanity: A Victim Centric Approach

Abstract

Since the time of Nuremberg and Tokyo trials there are three major recognised international crimes; war crimes, genocide and crimes against humanity. For war crimes four Geneva conventions were adopted in 1949. For Genocide an international convention was signed in 1956. However, work of drafting an international convention on crimes against humanity is still ‘in progresses at the level of international law commission. In 2019 August, International law commission has come out with all draft articles crimes against humanity. Definition of crimes against humanity has continuously evolved from Nuremberg to International Criminal Court. But international law commission has lost this opportunity to further develop this definition. The commission should have added terrorist activities as a new component in the definition of crimes against humanity. Thought the commission has given a logic of practicality behind borrowing its definition from the Rome Statute. Nonetheless an academic scrutiny is called for at this moment to analyse whether terrorism or terrorist activities can satisfy all the thresh hold requirements for being considered as crimes against humanity. If it is so considered what purpose it will serve. Other than introduction this research paper has three parts. First part deals with the nature and definition of crimes against humanity, second part deals with various jurisprudential aspects of terrorism and its nature. Third part is focused on various similarities and difference among terrorism and crimes against humanity.