Crimes against humanity represent some of the most severe violations of human dignity ever recorded. These crimes—committed as part of widespread or systematic attacks against civilians—include murder, torture, enslavement, and persecution. While international courts often prosecute these acts, the United States has its own legal approach to addressing crimes against humanity through federal statutes, universal jurisdiction principles, and international cooperation.
According to the United Nations Office of the High Commissioner for Human Rights (OHCHR), crimes against humanity involve acts committed as part of a widespread or systematic attack directed against any civilian population. These crimes threaten global stability and violate the most basic norms of human conduct.
The United States recognizes crimes against humanity primarily through international law obligations, federal criminal statutes, and immigration enforcement mechanisms. U.S. courts have prosecuted perpetrators present on American soil, even when crimes occurred overseas, reinforcing accountability and deterrence.
What Are Crimes Against Humanity?
Crimes against humanity are specific criminal acts committed against civilians, carried out on a large scale or according to an organized plan. These acts do not require a declared war. Civilian targeting is the defining feature.
Under international law, particularly Article 7 of the Rome Statute of the International Criminal Court (ICC), crimes against humanity include acts such as murder, extermination, enslavement, deportation, torture, rape, persecution, and enforced disappearance.
How the United States Defines Crimes Against Humanity?
The U.S. has not enacted a single statute titled “Crimes Against Humanity Act.” Instead, the U.S. enforces accountability through:
- 18 U.S.C. § 1091 (Genocide statute)
- 18 U.S.C. § 2441 (War crimes statute)
- 18 U.S.C. § 2340A (Torture statute)
- Immigration and Nationality Act (INA) for deportation of human rights violators
- Universal jurisdiction principles for prosecution of certain international crimes
This framework allows U.S. courts to prosecute offenders found within U.S. territory.
How many types of Crimes Against Humanity?
Crimes against humanity fall into 11 recognized categories under international law. U.S. prosecutions typically align with these classifications.
1. Murder
Murder involves the intentional killing of civilians.
Example: The execution of political prisoners in detention facilities.
2. Extermination
Extermination refers to mass killing, often through starvation or denial of medical care.
Example: Forced famine policies causing tens of thousands of civilian deaths.
3. Enslavement
Enslavement includes forced labor, human trafficking, and sexual slavery.
Example: Forced labor camps using civilians for industrial or military production.
4. Deportation or Forcible Transfer
This crime involves the forced displacement of civilians without lawful justification.
Example: Removing ethnic communities from their homes under military orders.
5. Imprisonment or Severe Deprivation of Liberty
Unlawful detention without due process qualifies under this category.
Example: Holding civilians in secret prisons without charges.
6. Torture
Torture involves severe physical or mental pain inflicted on a person in custody.
U.S. law criminalizes torture under 18 U.S.C. § 2340A.
7. Sexual Violence
This includes rape, sexual slavery, forced prostitution, forced pregnancy, and forced sterilization.
Example: Systematic rape campaigns during ethnic cleansing operations.
8. Persecution
Persecution targets individuals based on race, religion, nationality, ethnicity, gender, or political beliefs.
Example: Arresting civilians solely due to religious affiliation.
9. Enforced Disappearance
This crime involves abducting individuals and denying information about their fate.
Example: Secret arrests followed by refusal to acknowledge detention.
10. Apartheid
Apartheid includes institutionalized racial oppression and domination.
Example: Laws enforcing segregation and denying civil rights to a racial group.
11. Other Inhumane Acts
This category includes acts causing severe suffering or serious injury.
Example: Medical experimentation on civilians without consent.
Learn More: What Is Aggravated Assault? Laws, Charges & Penalties
Legal Framework for Crimes Against Humanity
1. International Law Obligations
The U.S. recognizes crimes against humanity through customary international law and treaty obligations, including:
- Geneva Conventions
- Convention Against Torture
- Universal Declaration of Human Rights
2. Federal Criminal Statutes
U.S. prosecutors rely on existing criminal laws to pursue offenders:
- Torture: 18 U.S.C. § 2340A
- War crimes: 18 U.S.C. § 2441
- Genocide: 18 U.S.C. § 1091
These statutes allow prosecution regardless of where the crime occurred, if the accused is present in the U.S.
3. Immigration Enforcement
The Department of Homeland Security (DHS) and Department of Justice (DOJ) remove human rights violators using immigration law.
- Over 130 individuals linked to crimes against humanity have been deported since 2009.
4. Civil Litigation
Victims may file civil lawsuits under:
- Alien Tort Statute (28 U.S.C. § 1350)
- Torture Victim Protection Act (TVPA)
These cases allow victims to seek damages in U.S. courts.
What are the Elements of Crimes Against Humanity?
To establish crimes against humanity, prosecutors must prove five core elements.
1. An Attack Against a Civilian Population
The conduct must target civilians, not combatants.
2. Widespread or Systematic Nature
The attack must involve:
- Widespread acts affecting thousands of victims
- Systematic conduct following a policy or plan
3. Multiple Criminal Acts
Single isolated crimes do not qualify. The acts must form a pattern.
4. Knowledge of the Attack
The perpetrator must know the conduct forms part of a larger attack.
5. Intent
The accused must intentionally commit the prohibited act.
These elements align with ICC standards and U.S. prosecutorial guidelines.
Legal Penalties and Statute of Limitations
Criminal Penalties
Penalties depend on the statute used:
- Life imprisonment for torture resulting in death
- Up to life imprisonment for genocide
- 20 years to life for war crimes
Federal sentencing guidelines apply based on severity.
Statute of Limitations
Crimes against humanity generally do not have a statute of limitations when prosecuted under:
- Torture resulting in death
- Genocide
- Certain war crimes
Civil claims under TVPA allow filing up to 10 years after the violation.
Why the U.S. Approach Matters Globally?
The U.S. plays a critical role by:
- Denying safe haven to perpetrators
- Supporting international prosecutions
- Assisting victims through civil remedies
Accountability strengthens international justice and deters future atrocities.
Final Takeaway
Crimes against humanity represent organized cruelty against civilians on a massive scale. The United States addresses these crimes through a combination of federal statutes, immigration enforcement, civil litigation, and international cooperation. Accountability sends a clear message: perpetrators will not find refuge, and justice remains possible—no matter how long it takes.
Understanding these crimes strengthens legal awareness, protects human dignity, and reinforces the rule of law in the United States and beyond.
FAQs
Are crimes against humanity prosecuted in U.S. courts?
Yes. U.S. courts prosecute offenders using federal statutes and immigration law.
Does a war need to exist for crimes against humanity?
No. These crimes can occur during peace or conflict.
Can U.S. citizens be charged?
Yes. Citizenship does not provide immunity.
Are crimes against humanity worse than war crimes?
Both are severe. Crimes against humanity focus on civilian targeting rather than battlefield conduct.
