Crimes against humanity in the context of "Political repression"

Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is called a death sentence, and the act of carrying out the sentence is an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital (lit. 'of the head', derived via the Latin capitalis from caput, "head") refers to execution by beheading, but executions are carried out by many methods.

Crimes that are punishable by death are known as capital crimes, capital offences, or capital felonies, and vary depending on the jurisdiction, but commonly include serious crimes against a person, such as murder, assassination, mass murder, child murder, aggravated rape, terrorism, aircraft hijacking, war crimes, crimes against humanity, and genocide, along with crimes against the state such as attempting to overthrow government, treason, espionage, sedition, and piracy. Also, in some cases, acts of recidivism, aggravated robbery, and kidnapping, in addition to drug trafficking, drug dealing, and drug possession, are capital crimes or enhancements. However, states have also imposed punitive executions, for an expansive range of conduct, for political or religious beliefs and practices, for a status beyond one's control, or without employing any significant due process procedures. Judicial murder is the intentional and premeditated killing of an innocent person by means of capital punishment. For example, the executions following the show trials in the Soviet Union during the Great Purge of 1936–1938 were an instrument of political repression.

Racial segregation is the separation of people into racial or other ethnic groups in daily life. Segregation can involve the spatial separation of the races, and mandatory use of different institutions, such as schools and hospitals by people of different races. Specifically, it may be applied to activities such as eating in restaurants, drinking from water fountains, using public toilets, attending schools, going to movie theaters, riding buses, renting or purchasing homes, renting hotel rooms, going to supermarkets, or attending places of worship. In addition, segregation often allows close contact between members of different racial or ethnic groups in hierarchical situations, such as allowing a person of one race to work as a servant for a member of another race. Racial segregation has generally been outlawed worldwide.

Segregation is defined by the European Commission against Racism and Intolerance as "the act by which a (natural or legal) person separates other persons on the basis of one of the enumerated grounds without an objective and reasonable justification, in conformity with the proposed definition of discrimination. As a result, the voluntary act of separating oneself from other people on the basis of one of the enumerated grounds does not constitute segregation". According to the UN Forum on Minority Issues, "The creation and development of classes and schools providing education in minority languages should not be considered impermissible segregation if the assignment to such classes and schools is of a voluntary nature." Racial segregation can amount to the international crime of apartheid and a crime against humanity under the 2002 Rome Declaration of Statute of the International Criminal Court.

The War in Darfur, also nicknamed the Land Cruiser War, was a major armed conflict in the Darfur region of Sudan that began in February 2003 when the Sudan Liberation Movement (SLM) and the Justice and Equality Movement (JEM) rebel groups began fighting against the government of Sudan, which they accused of oppressing Darfur's non-Arab population. The government responded to attacks by carrying out a campaign of ethnic cleansing against Darfur's non-Arabs. This resulted in the death of hundreds of thousands of civilians and the indictment of Sudan's president, Omar al-Bashir, for genocide, war crimes, and crimes against humanity by the International Criminal Court.

One side of the conflict is mainly composed of the Sudanese military, police, and the Janjaweed, a Sudanese militia group whose members are mostly recruited among Arabized indigenous Africans and a small number of Bedouin of the northern Rizeigat; the majority of other Arab groups in Darfur remained uninvolved. The other side is made up of rebel groups, notably the SLM/A and the JEM, recruited primarily from the non-Arab Muslim Fur, Zaghawa, and Masalit ethnic groups. The African Union and the United Nations also have a joint peacekeeping mission in the region, named UNAMID. Although the Sudanese government publicly denies that it supported the Janjaweed, evidence supports claims that it provided financial assistance and weapons and coordinated joint attacks, many against civilians. Estimates of the number of human casualties range up to several hundred thousand dead, from either combat or starvation and disease. Mass displacements and coercive migrations forced millions into refugee camps or across the border, creating a humanitarian crisis. U.S. Secretary of State Colin Powell described the situation as a genocide or acts of genocide.

Genocidal intent is the specific mental element, or mens rea, required to classify an act as genocide under international law, particularly the 1948 Genocide Convention. To establish genocide, perpetrators must be shown to have had the dolus specialis, or specific intent, to destroy a particular national, ethnic, racial, or religious group, in whole or in part. Unlike broader war crimes or crimes against humanity, genocidal intent necessitates a deliberate aim to eliminate the targeted group rather than merely displace or harm its members.

The concept of genocidal intent is complex and has spurred significant legal debate, primarily due to the challenge of proving an individual’s intent to destroy a group without direct evidence. International criminal tribunals, such as those for Rwanda and the former Yugoslavia, have relied on circumstantial evidence to infer intent, considering the scale, systematic nature, and targeting patterns of atrocities. Legal standards for genocidal intent have varied, with some rulings demanding dolus directus (direct intent to cause harm) and others allowing for dolus indirectus (foreseeable consequences accepted by the perpetrator). This discrepancy has influenced judicial outcomes, as seen in the acquittal of certain defendants under stringent intent requirements, leading some scholars to advocate for a knowledge-based standard to better facilitate genocide convictions.

International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.

Classical international law governs the relationships, rights, and responsibilities of states. After World War II, the Charter of the International Military Tribunal and the following Nuremberg trial revolutionized international law by applying its prohibitions directly to individuals, in this case the defeated leaders of Nazi Germany, thus inventing international criminal law. After being dormant for decades, international criminal law was revived in the 1990s to address the war crimes in the Yugoslav Wars and the Rwandan genocide, leading to the establishment of a permanent International Criminal Court in 2001.

Before and during World War II, the Empire of Japan committed numerous war crimes and crimes against humanity across various Asian–Pacific nations, notably during the Second Sino-Japanese War and the Pacific War. These incidents have been referred to as "the Asian Holocaust" and "Japan's Holocaust", and also as the "Rape of Asia". The crimes occurred during the early part of the Shōwa era.

The Imperial Japanese Army (IJA) and the Imperial Japanese Navy (IJN) were responsible for war crimes leading to millions of deaths, ranging from sexual slavery and massacres to human experimentation, torture, starvation, and forced labor. Evidence of these crimes, including oral testimonies and written records such as diaries and war journals, has been provided by Japanese veterans.