Crimes against humanity seen under the view of the Rome Statute
| Author | Egesta Ahmetaj |
| Position | Prime Minister's Office, Albania |
| Pages | 110-121 |
Vo
l. 4 N
o
. 2
J
u
ly
, 2018
A
cademic Journal o
f
Business,
A
dministration, Law and Social Science
s
II
PCCL Publishin
g
, Graz-
A
ustri
a
I
SSN 2410-391
8
A
cces online at www.ii
p
ccl.or
g
11
0
C
rimes against humanit
y
seen under the view of the Rome Statute
PhD (C.) Egesta Ahmeta
j
P
rime Minister’s
O
ce,
A
lbania
Abs
tr
act
Crimes against humanity appear as one of the most serious forms of human rights violations.
S
ince these acts who consists this crime fi gure have appeared and continue to appear
today, States have seen the need to take concrete steps to punish this crime fi gure and their
perpe
t
ra
t
ors
.
Crimes against humanity constitute one of the greatest challenges of the XX and XX
I
centuries.
S
ince World War
I
until the Former
Y
ugoslavia war, this o ense has undergone many new
approaches, but its foundation has been the same. This criminal o ense is punishable in
almost all international legislation. This shows the importance of the non-permissibility for
th
e
o
cc
u
rr
e
nc
e
o
f s
u
ch
a
cts
.
Many conventions, statutes, protocols have been undertaken for its prevention; we can
mention here the Statutes of the
I
nternational Criminal Tribunals, the Rome Statute, the
G
eneva Convention, etc. Such e orts have been undertaken by
A
lbania in ratifying these acts
and by making them mandatory part of the legal norms.
A
lbania has also made progress by
i
ntroducing crimes against humanity in the Criminal Code since 1995.
I
t should be stated that
A
lbania recognizes and has implemented into its legislation all the principles outlined in the
Rome Statute and other international acts that would prevent and punish the crime
.
K
e
y
words
:
crimes against humanity, the Rome Statute, civilian population
.
I
ntr
odu
ct
io
n
We
fi
nd th
e
i
n
i
t
ia
l str
a
nds
of
c
o
ncr
e
t
e
a
nd s
e
r
iou
s m
ea
s
u
r
e
s s
i
nc
e
th
e
F
i
rst W
o
rld
W
ar. Then the e
orts to criminalize and
p
unish this o
ense are intensi
fi
ed both
in t
h
e
d
omestic an
d
internationa
l
juris
d
ictions. To
d
a
y
crimes against
h
umanit
y
a
re
p
art o
f
the categor
y
o
f
international crimes and are
f
oreseen in the categor
y
o
f
criminal o
enses that are
p
unishable b
y
state legislation as well as b
y
international
a
cts.
A
mong the most im
p
ortant international acts giving the notion o
f
this crime is
t
he Rome Statute, which also makes it,
p
art o
f
the jurisdiction o
f
the
I
nternational
Criminal Court. However, in order to
p
unish this o
ense, according to the degree
of
danger, the states must be concise as to the notion that the
y
give to this crime
in t
h
e
d
omestic
l
aw, as we
ll
as to t
h
e wi
ll
to
p
unis
h
or to coo
p
erate an
d
to su
b
mit
it to international jurisdictions when the
y
themselves are unable to conduct an
in
d
e
p
en
d
ent investigation an
d
tria
l
. To ac
h
ieve t
h
is goa
l
, states
h
ave use
d
a variet
y
of
f
orms. The
y
have rati
fi
ed the main international act, the Rome Statute, which
g
ives the notion and at the same time the
j
urisdiction to investi
g
ate and
j
ud
g
e when
s
tates are unwilling to
p
unish
p
er
p
etrators or are unable. Some
f
orms or wa
y
s o
f
im
p
lementing this statute have also been a
pp
lied.
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