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Uterus
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"Womb" redirects here. For other uses, see Womb (disambiguation).
"Hystera" and "Uterine" redirect here. For the state of mind, see Hysteria. For siblings with the same mother but different fathers, see Uterine siblings.
Uterus
Image showing different structures around and relating to the human uterus.
Details
Precursor
Paramesonephric duct
Artery
Ovarian artery, uterine artery
Vein
Uterine veins
Lymph
Body and cervix to internal iliac lymph nodes, fundus to para-aortic lymph nodes, lumbar and superficial inguinal lymph nodes.
Identifiers
Latin
Uterus
Greek
Hystera
MeSH
A05.360.319.679
TA
A09.1.03.001
FMA
17558
Anatomical terminology
[edit on Wikidata]
The uterus (from Latin "uterus", plural uteri) or womb is a major female hormone-responsive reproductive sex organ of humans and most other mammals. In the human, the lower end of the uterus, the cervix, opens into the vagina, while the other end, the fundus, is connected to the fallopian tubes. It is within the uterus that the fetus develops during gestation. In the embryo the uterus develops from the paramesonephric ducts which fuse into the single organ known as a simplex uterus. The uterus has different forms in many other animals and in some it exists as two separate uteri known as a duplex uterus.
In English, the term uterus is used consistently within the medical and related professions, while the Germanic-derived term womb is also commonly used in everyday contexts.
Contents
[hide]
1 Structure
1.1 Layers
1.2 Support
1.2.1 Major ligaments
1.3 Axes
1.4 Position
1.5 Blood supply
1.6 Nerve supply
1.7 Development
2 Function
3 Clinical significance
3.1 Uterus transplantation
4 Other animals
5 Additional images
6 See also
7 References
8 External links
Structure[edit]
The uterus is located within the pelvic region immediately behind and almost overlying the bladder, and in front of the sigmoid colon. The human uterus is pear-shaped and about 7.6 cm (3 in.) long, 4.5 cm broad (side to side) and 3.0 cm thick.[1] A typical adult uterus weighs about 60 grams. The uterus can be divided anatomically into four regions: The fundus, corpus (body), cervix and the internal os. The cervix protrudes into the vagina. The uterus is held in position within the pelvis by condensations of endopelvic fascia, which are called ligaments. These ligaments include the pubocervical, transverse cervical ligaments or cardinal ligaments, and the uterosacral ligaments. It is covered by a sheet-like fold of peritoneum, the broad ligament.[2]
Diagram showing regions of the uterus
From outside to inside, regions of the uterus include:
Cervix uteri – "neck of uterus"
External orifice of the uterus
Cervical canal
Internal orifice of the uterus
Body (Latin: Corpus)
Uterine cavity
Fundus (uterus)
Layers[edit]
Uterine wall thickness (cm)[3]
Location
Mean (mm)
Range (mm)
Anterior wall 23 17 - 25
Posterior wall 21 15 - 25
Fundus 20 15 - 22
Isthmus 10 8 - 22
The uterus has three layers, which together form the uterine wall. From innermost to outermost, these layers are as follows:
Endometrium
is the inner epithelial layer, along with its mucous membrane, of the mammalian uterus. It has a basal layer and a functional layer; the functional layer thickens and then is sloughed during the menstrual cycle or estrous cycle. During pregnancy, the uterine glands and blood vessels in the endometrium further increase in size and number. Vascular spaces fuse and become interconnected, forming the placenta, which supplies oxygen and nutrition to the embryo and fetus.[4][5] Commensal organisms are present in the uterus and form the uterine microbiome.[6][7][8][9]
Myometrium
The uterus mostly consists of smooth muscle, known as "myometrium." The innermost layer of myometrium is known as the junctional zone, which becomes thickened in adenomyosis.
Perimetrium
Serous layer of visceral peritonium. It covers the outer surface of the uterus.[10]
Vertical section of mucous membrane of human uterus.
Support[edit]
Uterus covered by the broad ligament
The uterus is primarily supported by the pelvic diaphragm, perineal body and the urogenital diaphragm. Secondarily, it is supported by ligaments and the peritoneal ligament the broad ligament of uterus.[11]
Major ligaments[edit]
It is held in place by several peritoneal ligaments, of which the following are the most important (there are two of each):
Name
From
To
Uterosacral ligament Posterior cervix Anterior face of sacrum
Cardinal ligaments Side of the cervix Ischial spines
Pubocervical ligament[11] Side of the cervix Pubic symphysis
Axes[edit]
Normally the uterus lies in anteversion & anteflexion. In most women, the long axis of the uterus is bent forward on the long axis of the vagina, against the urinary bladder. This position is referred to as anteversion of the uterus. Furthermore, the long axis of the body of the uterus is bent forward at the level of the internal os with the long axis of the cervix. This position is termed anteflexion of the uterus.[12] Uterus assumes anteverted position in 50% women, retroverted position in 25% women and rest have midposed uterus.[1]
Position[edit]
The uterus is in the middle of the pelvic cavity in frontal plane (due to ligamentum latum uteri). The fundus does not surpass the linea terminalis, while the vaginal part of the cervix does not extend below interspinal line. The uterus is mobile and moves posteriorly under the pressure of a full bladder, or anteriorly under the pressure of a full rectum. If both are full, it moves upwards. Increased intraabdominal pressure pushes it downwards. The mobility is conferred to it by musculo-fibrous apparatus that consists of suspensory and sustentacular part. Under normal circumstances the suspensory part keeps the uterus in anteflexion and anteversion (in 90% of women) and keeps it "floating" in the pelvis. The meaning of these terms are described below:
Distinction
More common
Less common
Position tipped "Anteverted": Tipped forward "Retroverted": Tipped backwards
Position of fundus "Anteflexed": Fundus is pointing forward relative to the cervix "Retroflexed": Fundus is pointing backwards
Sustentacular part supports the pelvic organs and comprises the larger pelvic diaphragm in the back and the smaller urogenital diaphragm in the front.
The pathological changes of the position of the uterus are:
retroversion/retroflexion, if it is fixed
hyperanteflexion – tipped too forward; most commonly congenital, but may be caused by tumors
anteposition, retroposition, lateroposition – the whole uterus is moved; caused by parametritis or tumors
elevation, descensus, prolapse
rotation (the whole uterus rotates around its longitudinal axis), torsion (only the body of the uterus rotates around)
inversion
In cases where the uterus is "tipped", also known as retroverted uterus, women may have symptoms of pain during sexual intercourse, pelvic pain during menstruation, minor incontinence, urinary tract infections, fertility difficulties,[13] and difficulty using tampons. A pelvic examination by a doctor can determine if a uterus is tipped.[14]
Blood supply[edit]
Vessels of the uterus and its appendages, rear view.
Schematic diagram of uterine arterial vasculature seen as a cross-section through the myometrium and endometrium.
The uterus is supplied by arterial blood both from the uterine artery and the ovarian artery. Another anastomotic branch may also supply the uterus from anastomosis of these two arteries.
Nerve supply[edit]
Afferent nerves supplying uterus are T11 and T12. Sympathetic supply is from hypogastric plexus and ovarian plexus. Parasympathetic supply is from second, third and fourth sacral nerves.
Development[edit]
Bilateral Müllerian ducts form during early fetal life. In males, MIF secreted from the testes leads to their regression. In females, these ducts give rise to the Fallopian tubes and the uterus. In humans the lower segments of the two ducts fuse to form a single uterus, however, in cases of uterine malformations this development may be disturbed. The different uterine forms in various mammals are due to various degrees of fusion of the two Müllerian ducts.
Function[edit]
The reproductive function of the uterus is to accept a fertilized ovum which passes through the utero-tubal junction from the fallopian tube (uterine tube). The fertilized ovum divides to become a blastocyst, which implants into the endometrium, and derives nourishment from blood vessels which develop exclusively for this purpose. The fertilized ovum becomes an embryo, attaches to a wall of the uterus, creates a placenta, and develops into a fetus (gestates) until childbirth. Due to anatomical barriers such as the pelvis, the uterus is pushed partially into the abdomen due to its expansion during pregnancy. Even during pregnancy the mass of a human uterus amounts to only about a kilogram (2.2 pounds).
The uterus also plays a role in sexual response, by directing blood flow to the pelvis and ovaries, and to the external genitals, including the vagina, labia, and clitoris.
Clinical significance[edit]
A hysterectomy is the surgical removal of the uterus which may be carried out for a number of reasons including the ridding of tumours both benign and malignant. A complete hysterectomy involves the removal of the body, fundus, and cervix of the uterus. A partial hysterectomy may just involve the removal of the uterine body while leaving the cervix intact. It is the most commonly performed gynecological surgical procedure.
Some pathological states include:
Prolapse of the uterus
Carcinoma of the cervix – malignant neoplasm
Carcinoma of the uterus – malignant neoplasm
Fibroids – benign neoplasms
Adenomyosis – ectopic growth of endometrial tissue within the myometrium
Endometritis, infection at the uterine cavity.
Pyometra – infection of the uterus, most commonly seen in dogs
Uterine malformations mainly congenital malformations including Uterine Didelphys, bicornuate uterus and septate uterus. It also includes congenital absence of the uterus Rokitansky syndrome
Asherman's syndrome, also known as intrauterine adhesions occurs when the basal layer of the endometrium is damaged by instrumentation (e.g. D&C) or infection (e.g. endometrial tuberculosis) resulting in endometrial scarring followed by adhesion formation which partially or completely obliterates the uterine cavity.
Hematometra, which is accumulation of blood within the uterus.
Transvaginal ultrasonography showing a uterine fluid accumulation in a postmenopausal woman.
Accumulation of fluids other than blood or of unknown constitution. One study came to the conclusion that postmenopausal women with endometrial fluid collection on gynecologic ultrasonography should undergo endometrial biopsy if the endometrial lining is thicker than 3 mm or the endometrial fluid is echogenic. In cases of a lining 3 mm or less and clear endometrial fluid, endometrial biopsy was not regarded to be necessary, but endocervical curettage to rule out endocervical cancer was recommended.[15]
Myometritis – inflammation of the muscular uterine wall.[16]
Uterus transplantation[edit]
In 2012, the world's first womb transplant from a dead donor was performed on a Turkish woman who was born without a womb, but has her own ovaries. She is in good condition and the womb is functional. In the year 2000 in Saudi Arabia a similar transplant was performed, but from a live donor. Although womb transplants have been successful in animals such as mice, rats and sheep, the prevailing opinion in the field is that the risks are too great. Apart from risks of rejection of the new womb, there is concern that the drugs necessary for prevention of rejection of the donated womb might harm the fetus.[17]
Other animals[edit]
Most animals that lay eggs, such as birds and reptiles, including most ovoviviparous species, have an oviduct instead of a uterus. However, recent research into the biology of the viviparous (not merely ovoviviparous) skink Trachylepis ivensi has revealed development of a very close analogue to eutherian mammalian placental development.[18]
In monotremes, mammals which lay eggs, namely the platypus and the echidnas, either the term uterus or oviduct is used to describe the same organ, but the egg does not develop a placenta within the mother and thus does not receive further nourishment after formation and fertilization.
Marsupials have two uteri, each of which connect to a lateral vagina and which both use a third, middle "vagina" which functions as the birth canal.[19] Marsupial embryos form a choriovitelline placenta (which can be thought of as something between a monotreme egg and a "true" placenta), in which the egg's yolk sac supplies a large part of the embryo's nutrition but also attaches to the uterine wall and takes nutrients from the mother's bloodstream. However, bandicoots also have a rudimentary chorioallantoic placenta, similar to those of placental mammals.
The fetus usually develops fully in placental mammals and only partially in marsupials including kangaroos and opossums. In marsupials the uterus forms as a duplex organ of two uteri. In monotremes (egg-laying mammals) such as the platypus, the uterus is duplex and rather than nurturing the embryo, secretes the shell around the egg. It is essentially identical with the shell gland of birds and reptiles, with which the uterus is homologous.[20]
In mammals, the four main forms of the uterus are: duplex, bipartite, bicornuate and simplex.[21]
Duplex
There are two wholly separate uteri, with one fallopian tube each. Found in marsupials (such as kangaroos, Tasmanian devils, opossums, etc.), rodents (such as mice, rats, and guinea pigs), and lagomorpha (rabbits and hares).
Bipartite
The two uteri are separate for most of their length, but share a single cervix. Found in ruminants (deer, moose, elk etc.), hyraxes, cats, and horses.
Bicornuate
The upper parts of the uterus remain separate, but the lower parts are fused into a single structure. Found in dogs, pigs, elephants, whales, dolphins, and tarsiers, and strepsirrhine primates among others.
Simplex
The entire uterus is fused into a single organ. Found in higher primates (including humans and chimpanzees) . Occasionally, some individual females (including humans) may have a bicornuate uterus, a uterine malformation where the two parts of the uterus fail to fuse completely during fetal development.
Two uteri usually form initially in a female and usually male fetus, and in placental mammals they may partially or completely fuse into a single uterus depending on the species. In many species with two uteri, only one is functional. Humans and other higher primates such as chimpanzees, usually have a single completely fused uterus, although in some individuals the uteri may not have completely fused.
Additional images[edit]
Schematic frontal view of female anatomy
Uterus and uterine tubes.
Sectional plan of the gravid uterus in the third and fourth month.
Fetus in utero, between fifth and sixth months.
Female pelvis and its contents, seen from above and in front.
The arteries of the internal organs of generation of the female, seen from behind.
Median sagittal section of female pelvis.
(Description located on image page)
Uterus
See also[edit]
Menopause
Artificial uterus
Social uterus
References[edit]
^ Jump up to: a b Manual of Obstetrics. (3rd ed.). Elsevier 2011. pp. 1–16. ISBN 9788131225561.
Jump up ^ Gray's Anatomy for Students, 2nd edition
Jump up ^ Page 135 in: Nandita Palshetkar, Rishma Dhillon Pai, Hrishikesh D Pai (2012). Textbook of Hysteroscopy. JP Medical Ltd. ISBN 9789350257814. CS1 maint: Multiple names: authors list (link)
Jump up ^ Blue Histology - Female Reproductive System. School of Anatomy and Human Biology — The University of Western Australia Accessed 20061228 20:35
Jump up ^ Guyton AC and Hall JE, eds. (2006). "Chapter 81 Female Physiology Before Pregnancy and Female Hormones". Textbook of Medical Physiology (11th ed.). Elsevier Saunders. pp. 1018ff. ISBN 9780721602400. CS1 maint: Uses editors parameter (link)
Jump up ^ Franasiak, Jason M.; Scott, Richard T. (2015). "Reproductive tract microbiome in assisted reproductive technologies". Fertility and Sterility. 104 (6): 1364–1371. doi:10.1016/j.fertnstert.2015.10.012. ISSN 0015-0282. PMID 26597628.
Jump up ^ Verstraelen, Hans; Vilchez-Vargas, Ramiro; Desimpel, Fabian; Jauregui, Ruy; Vankeirsbilck, Nele; Weyers, Steven; Verhelst, Rita; De Sutter, Petra; Pieper, Dietmar H.; Van De Wiele, Tom (2016). "Characterisation of the human uterine microbiome in non-pregnant women through deep sequencing of the V1-2 region of the 16S rRNA gene". PeerJ. 4: e1602. doi:10.7717/peerj.1602. ISSN 2167-8359. PMC 4730988  . PMID 26823997.
Jump up ^ Mor, Gil; Kwon, Ja-Young (2015). "Trophoblast-microbiome interaction: a new paradigm on immune regulation". American Journal of Obstetrics and Gynecology. 213 (4): S131–S137. doi:10.1016/j.ajog.2015.06.039. ISSN 0002-9378. PMID 26428492.
Jump up ^ Payne, Matthew S.; Bayatibojakhi, Sara (2014). "Exploring Preterm Birth as a Polymicrobial Disease: An Overview of the Uterine Microbiome". Frontiers in Immunology. 5: 595. doi:10.3389/fimmu.2014.00595. ISSN 1664-3224. PMC 4245917  . PMID 25505898.
Jump up ^ Ross, Michael H.; Pawlina, Wojciech. Histology, a text and atlas (Sixth ed.). p. 848.
^ Jump up to: a b The Pelvis University College Cork Archived from the original on 2008-02-27
Jump up ^ Snell, Clinical Anatomy by regions, 8th edition
Jump up ^ "Retroverted Uterus: What it is & How it Affects Pregnancy". www.womens-health.co.uk.
Jump up ^ Tipped Uterus:Tilted Uterus AmericanPregnancy.org. Accessed 25 March 2011
Jump up ^ Takacs P, De Santis T, Nicholas MC, Verma U, Strassberg R, Duthely L (November 2005). "Echogenic endometrial fluid collection in postmenopausal women is a significant risk factor for disease". J Ultrasound Med. 24 (11): 1477–81. PMID 16239648.
Jump up ^ "Myometritis - Medical Definition from MediLexicon". www.medilexicon.com.
Jump up ^ "The world's first womb transplant: Landmark surgery brings hope to millions of childless women – and it could be in Britain soon". May 25, 2012.
Jump up ^ Blackburn, D. G.; Flemming, A. F. (2011). "Invasive implantation and intimate placental associations in a placentotrophic African lizard, Trachylepis ivensi (scincidae)". Journal of Morphology. 273: 137–59. doi:10.1002/jmor.11011. PMID 21956253.
Jump up ^ Ronald M. Nowak (7 April 1999). Walker's Mammals of the World. JHU Press. ISBN 978-0-8018-5789-8.
Jump up ^ Romer, Alfred Sherwood; Parsons, Thomas S. (1977). The Vertebrate Body. Philadelphia, Pennsylvania: Holt-Saunders International. pp. 390–392. ISBN 0-03-910284-X.
Jump up ^ Lewitus, Eric, and Christophe Soligo. "Life-history correlates of placental structure in eutherian evolution." Evolutionary Biology 38.3 (2011): 287-305.
External links[edit]
Look up womb or uterus in Wiktionary, the free dictionary.
Gray's s268
Anatomy photo:43:01-0102 at the SUNY Downstate Medical Center – "The Female Pelvis: Organs in the Female and male Pelvis in situ"
Encyclopedia.com
Uterus Anatomy
Uterus Pregnancy
[hide]
v
t
e
Female reproductive system
Internal
Adnexa
Ovaries
Follicles
corpus
hemorrhagicum
luteum
albicans
Theca of follicle
externa
interna
Follicular antrum
Follicular fluid
Corona radiata
Zona pellucida
Membrana granulosa
Perivitelline space
Other
Germinal epithelium
Tunica albuginea
cortex
Cumulus oophorus
Stroma
Medulla
Fallopian tubes
Isthmus
Ampulla
Infundibulum
Fimbria
Ostium
Ligaments
Ovarian ligament
Suspensory ligament
Wolffian vestiges
Gartner's duct
Epoophoron
Vesicular appendages of epoophoron
Paroophoron
Uterus
Regions
Body
Uterine cavity
Fundus
Cervix
External orifice
Cervical canal
Internal orifice
Supravaginal portion
Vaginal portion
Uterine horns
Layers
Endometrium
epithelium
Myometrium
Perimetrium
Parametrium
Ligaments
Round ligament
Broad ligament
Cardinal ligament
Uterosacral ligament
Pubocervical ligament
General
Uterine glands
Vagina
Fossa of vestibule of vagina
Vaginal fornix
Hymen
External
Vulva
Labia
Mons pubis
Labia majora
Anterior commissure
Posterior commissure
Pudendal cleft
Labia minora
Frenulum of labia minora
Frenulum of clitoris
Vulval vestibule
Interlabial sulci
Bulb of vestibule
Vaginal orifice
vestibular glands/ducts
Bartholin's glands/Bartholin's ducts
Skene's glands/Skene's ducts
Clitoris
Crus of clitoris
Corpus cavernosum
Clitoral glans
Hood
Urethra
Urethral crest
Other
G-spot
Urethral sponge
Perineal sponge
Authority control
GND: 4019493-0
NDL: 00570983
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Crimes against humanity
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Crimes against humanity are certain acts that are deliberately committed as part of a widespread or systematic attack or individual attack directed against any civilian or an identifiable part of a civilian population. The first prosecution for crimes against humanity took place at the Nuremberg trials. Crimes against humanity have since been prosecuted by other international courts – such as the International Court of Justice and the International Criminal Tribunal for the former Yugoslavia and the International Criminal Court, as well as in domestic prosecutions. The law of crimes against humanity has primarily developed through the evolution of customary international law. Crimes against humanity are not codified in an international convention, although there is currently an international effort to establish such a treaty, led by the Crimes Against Humanity Initiative.
Unlike war crimes, crimes against humanity can be committed during peace or war.[1] They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. War crimes, murder, massacres, dehumanization, genocide, ethnic cleansing, deportations, unethical human experimentation, extrajudicial punishments including summary executions, use of WMDs, state terrorism or state sponsoring of terrorism, death squads, kidnappings and forced disappearances, military use of children, unjust imprisonment, enslavement, cannibalism, torture, rape, political repression, racial discrimination, religious persecution, and other human rights abuses may reach the threshold of crimes against humanity if they are part of a widespread or systematic practice.
Contents
[hide]
1 History of the term
1.1 Abolition of the slave trade
1.2 First use
1.3 Nuremberg trials
1.4 Tokyo trials
2 Types of crimes against humanity
2.1 Apartheid
2.2 Rape and sexual violence
3 Legal status of crimes against humanity in international law
4 United Nations
4.1 Security Council
5 International courts and criminal tribunals
5.1 International Criminal Tribunal for Yugoslavia
5.2 International Criminal Tribunal for Rwanda
5.3 Special Court for Sierra Leone
5.4 Extraordinary Chambers in the Courts of Cambodia (ECCC)
5.5 International Criminal Court
6 Council of Europe
7 See also
8 References
9 Further reading
10 External links
History of the term[edit]
The term "crimes against humanity" is potentially ambiguous because of the ambiguity of the word "humanity", which can mean humankind (all human beings collectively) or the value of humanness. The history of the term shows that the latter sense is intended.[2]
Abolition of the slave trade[edit]
There were several bilateral treaties in 1814 that foreshadowed the multilateral treaty of Final Act of the Congress of Vienna (1815) that used wording expressing condemnation of the slave trade using moral language. For example, the Treaty of Paris (1814) between Britain and France included the wording "principles of natural justice"; and the British and United States plenipotentiaries stated in the Treaty of Ghent (1814) that the slave trade violated the "principles of humanity and justice".[3]
The multilateral Declaration of the Powers, on the Abolition of the Slave Trade, of 8 February 1815 (Which also formed ACT, No. XV. of the Final Act of the Congress of Vienna of the same year) included in its first sentence the concept of the "principles of humanity and universal morality" as justification for ending a trade that was "odious in its continuance".[4]
First use[edit]
See also: Armenian Genocide
The term "crimes against humanity" was used by George Washington Williams in a pamphlet published in 1890 to describe the practices of Leopold II of Belgium's administration of the Congo Free State.[5] In treaty law, the term originated in the Second Hague Convention of 1899 preamble and was expanded in the Fourth Hague Convention of 1907 preamble and their respective regulations, which were concerned with the codification of new rules of international humanitarian law. The preamble of the two Conventions referenced the “laws of humanity” as an expression of underlying inarticulated humanistic values.[6] The term is part of what is known as the Martens Clause.
On May 24, 1915, the Allied Powers, Britain, France, and Russia, jointly issued a statement explicitly charging for the first time ever another government of committing "a crime against humanity". An excerpt from this joint statement reads:
In view of these new crimes of Ottoman Empire against humanity and civilization, the Allied Governments announce publicly to the Sublime Porte that they will hold personally responsible for these crimes all members of the Ottoman Government, as well as those of their agents who are implicated in such massacres.[7]
At the conclusion of the war, an international war crimes commission recommended the creation of a tribunal to try "violations of the laws of humanity". However, the US representative objected to references to "law of humanity" as being imprecise and insufficiently developed at that time and the concept was not pursued.[8]
Nuremberg trials[edit]
Main article: Nuremberg trials
Nuremberg Trials. Defendants in the dock. The main target of the prosecution was Hermann Göring (at the left edge on the first row of benches), considered to be the most important surviving official in the Third Reich after Hitler's death.
In the aftermath of the World War II, the London Charter of the International Military Tribunal was the decree that set down the laws and procedures by which the post-War Nuremberg trials were to be conducted. The drafters of this document were faced with the problem of how to respond to the Holocaust and grave crimes committed by the Nazi regime. A traditional understanding of war crimes gave no provision for crimes committed by a power on its own citizens. Therefore, Article 6 of the Charter was drafted to include not only traditional war crimes and crimes against peace, but also Crimes Against Humanity, defined as
Murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.[9][10]
This definition was notable in its subjugation to the other two categories of offences defined in Article 6 of the Charter. The jurisdictional limitation was explained by the American chief representative to the London Conference, Robert H. Jackson, who pointed out that it "has been a general principle from time immemorial that the internal affairs of another government are not ordinarily our business". Thus, "it is justifiable that we interfere or attempt to bring retribution to individuals or to states only because the concentration camps and the deportations were in pursuance of a common plan or enterprise of making an unjust war".[11] In the Judgment of the International Military Tribunal for the Trial of German Major War Criminals it was stated:
The Tribunal therefore cannot make a general declaration that the acts before 1939 were crimes against humanity within the meaning of the Charter, but from the beginning of the war in 1939 war crimes were committed on a vast scale, which were also crimes against humanity; and insofar as the inhumane acts charged in the Indictment, and committed after the beginning of the war, did not constitute war crimes, they were all committed in execution of, or in connection with, the aggressive war, and therefore constituted crimes against humanity.[12]
Tokyo trials[edit]
See also: International Military Tribunal for the Far East
The defendants at the Tokyo International Tribunal. General Hideki Tojo was one of the main defendants, and is in the centre of the middle row.
The International Military Tribunal for the Far East (IMTFE), also known as the Tokyo Trial, was convened to try the leaders of the Empire of Japan for three types of crimes: "Class A" (crimes against peace), "Class B" (war crimes), and "Class C" (crimes against humanity), committed during the Second World War.
The legal basis for the trial was established by the Charter of the International Military Tribunal for the Far East (CIMTFE) that was proclaimed on 19 January 1946. The tribunal convened on May 3, 1946, and was adjourned on November 12, 1948.
In the Tokyo Trial, Crimes against Humanity (Class C) was not applied for any suspect.[13][additional citation needed] Prosecutions related to the Nanking Massacre were categorised as infringements upon the Laws of War.[14][additional citation needed]
War crimes charges against more junior personnel were dealt with separately, in other cities throughout Far East Asia, such as the Nanjing War Crimes Tribunal and the Khabarovsk War Crimes Trials.
A panel of eleven judges presided over the IMTFE, one each from victorious Allied powers (United States, Republic of China, Soviet Union, United Kingdom, the Netherlands, Provisional Government of the French Republic, Australia, New Zealand, Canada, British India, and the Philippines).
Types of crimes against humanity[edit]
The different types of crimes which may constitute crimes against humanity differs between definitions both internationally and on the domestic level. Isolated inhumane acts of a certain nature committed as part of a widespread or systematic attack may instead constitute grave infringements of human rights, or – depending on the circumstances – war crimes, but are not classified as crimes against humanity.[15]
Apartheid[edit]
Main article: Crime of apartheid
The systematic persecution of one racial group by another, such as occurred during the South African apartheid government, was recognized as a crime against humanity by the United Nations General Assembly in 1976.[16] The Charter of the United Nations (Article 13, 14, 15) makes actions of the General Assembly advisory to the Security Council.[17] In regard to apartheid in particular, the UN General Assembly has not made any findings, nor have apartheid-related trials for crimes against humanity been conducted.
Rape and sexual violence[edit]
Neither the Nuremberg or Tokyo Charters contained an explicit provision recognizing sexual and gender-based crimes as war crimes or crimes against humanity, although Control Council Law No. 10 recognized rape as a crime against humanity. The statutes of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda both included rape as a crime against humanity. The ICC is the first international instrument expressly to include various forms of sexual and gender-based crimes – including rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, and other forms of sexual violence – as both an underlying act of crimes against humanity and war crime committed in international and/or non-international armed conflicts.[18] As an example, the events of Khojaly and Khatyn can be shown that the world strongly condemns. International institutions have asked for a ransom to avoid such incidents. There are hundreds of massacres, thousands of prisoners and wounded in these incidents.
In 2008, the U.N. Security Council adopted resolution 1820, which noted that “rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide”.[19]
Legal status of crimes against humanity in international law[edit]
Unlike genocide and war crimes, which have been widely recognized and prohibited in international criminal law since the establishment of the Nuremberg principles,[20][21] there has never been a comprehensive convention on crimes against humanity,[22] even though such crimes are continuously perpetrated worldwide in numerous conflicts and crises.[23][24][25] There are eleven international texts defining crimes against humanity, but they all differ slightly as to their definition of that crime and its legal elements.[26]
In 2008, the Crimes Against Humanity Initiative was launched to address this gap in international law. The Initiative represents the first concerted effort to address the gap that exists in international criminal law by enumerating a comprehensive international convention on crimes against humanity.[27]
On July 30, 2013, the United Nations International Law Commission voted to include the topic of crimes against humanity in its long-term program of work. In July 2014, the Commission moved this topic to its active programme of work[28][29] based largely on a report submitted by Sean D. Murphy.[30] Professor Sean D. Murphy, the United States’ Member on the United Nations’ International Law Commission, has been named the Special Rapporteur for Crimes Against Humanity. Sean D. Murphy attended the 2008 Experts' Meeting held by the Crimes Against Humanity Initiative prior to this appointment.
There is some debate on what the status of crimes against humanity under customary international law is. M. Cherif Bassiouni argues that crimes against humanity are part of jus cogens and as such constitute a non-derogable rule of international law.[26]
United Nations[edit]
The United Nations has been primarily responsible for the prosecution of crimes against humanity since it was chartered in 1948.[31]
After Nuremberg, there was no international court with jurisdiction over crimes against humanity for almost 50 years. Work continued on developing the definition of crimes against humanity at the United Nations, however. In 1947, the International Law Commission was charged by the United Nations General Assembly with the formulation of the principles of international law recognized and reinforced in the Nuremberg Charter and judgment, and with drafting a ‘code of offenses against the peace and security of mankind’. Completed fifty years later in 1996, the Draft Code defined crimes against humanity as various inhumane acts, i.e., "murder, extermination, torture, enslavement, persecution on political, racial, religious or ethnic grounds, institutionalized discrimination, arbitrary deportation or forcible transfer of population, arbitrary imprisonment, rape, enforced prostitution and other inhuman acts committed in a systematic manner or on a large scale and instigated or directed by a Government or by any organization or group." This definition differs from the one used in Nuremberg, where the criminal acts were to have been committed “before or during the war”, thus establishing a nexus between crimes against humanity and armed conflict.[32]
A report on the 2008–09 Gaza War by Richard Goldstone accused Palestinian and Israeli forces of possibly committing a crime against humanity.[33] In 2011, Goldstone said that he no longer believed that Israeli forces had targeted civilians or committed a crime against humanity.[34]
On 21 March 2013, at its 22nd session, the United Nations Human Rights Council established the Commission of Inquiry on human rights in the Democratic People’s Republic of Korea (DPRK). The Commission is mandated to investigate the systematic, widespread and grave violations of human rights in the Democratic People's Republic of Korea, with a view to ensuring full accountability, in particular for violations which may amount to crimes against humanity.[35] The Commission dealt with matters relating to crimes against humanity on the basis of definitions set out by customary international criminal law and in the Rome Statute of the International Criminal Court.[36] The 2014 Report by the commission found "the body of testimony and other information it received establishes that crimes against humanity have been committed in the Democratic People’s Republic of Korea, pursuant to policies established at the highest level of the State... These crimes against humanity entail extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly causing prolonged starvation. The commission further finds that crimes against humanity are ongoing in the Democratic People’s Republic of Korea because the policies, institutions and patterns of impunity that lie at their heart remain in place." Additionally, the commission found that crimes against humanity have been committed against starving populations, particularly during the 1990s, and are being committed against persons from other countries who were systematically abducted or denied repatriation, in order to gain labour and other skills for the Democratic People’s Republic of Korea.[36]
Security Council[edit]
UN Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "reaffirms the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity".[37] The resolution commits the Council to action to protect civilians in armed conflict.
In 2008 the U.N. Security Council adopted resolution 1820, which noted that “rape and other forms of sexual violence can constitute war crimes, crimes against humanity or a constitutive act with respect to genocide”.[19]
International courts and criminal tribunals[edit]
After the Nuremberg and Tokyo trials of 1945-1946, the next international tribunal with jurisdiction over crimes against humanity was not established for another five decades. In response to atrocities committed in the 1990s, multiple ad hoc tribunals were established with jurisdiction over crimes against humanity. The statutes of the International Criminal Court, the International Criminal Tribunals for the Former Yugolavia and for Rwanda each contain different definitions of crimes against humanity.[38]
International Criminal Tribunal for Yugoslavia[edit]
Main article: International Criminal Tribunal for Yugoslavia
In 1993, the UN Security Council established the International Criminal Tribunal for the former Yugoslavia (ICTY), with jurisdiction to investigate and prosecute three international crimes which had taken place in the former Yugoslavia: genocide, war crimes and crimes against humanity. Article 5 of the ICTY Statute states that
The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population:[39]
(a) murder;
(b) extermination;
(c) enslavement;
(d) deportation;
(e) imprisonment;
(f) torture;
(g) rape;
(h) persecutions on political, racial and religious grounds;
(i) other inhumane acts."
This definition of crimes against humanity revived the original ‘Nuremberg’ nexus with armed conflict, connecting crimes against humanity to both international and non-international armed conflict. It also expanded the list of criminal acts used in Nuremberg to include imprisonment, torture and rape.[39] Cherif Bassiouni has argued that this definition was necessary as the conflict in the former Yugoslavia was considered to be a conflict of both an international and non-international nature. Therefore, this adjusted definition of crimes against humanity was necessary to afford the tribunal jurisdiction over this crime.[40]
International Criminal Tribunal for Rwanda[edit]
Main article: International Criminal Tribunal for Rwanda
The UN Security Council established the International Criminal Tribunal for Rwanda in 1994 following the Rwandan Genocide. Under the ICTR Statute, the link between crimes against humanity and an armed conflict of any kind was dropped. Rather, the requirement was added that the inhumane acts must be part of a “systematic or widespread attack against any civilian population on national, political, ethnic, racial or religious grounds.”[41] Unlike the conflict in the former Yugoslavia, the conflict in Rwanda was deemed to be non-international, so crimes against humanity would likely not have been applicable if the nexus to armed conflict had been maintained.
Special Court for Sierra Leone[edit]
Main article: Special Court for Sierra Leone
Extraordinary Chambers in the Courts of Cambodia (ECCC)[edit]
Main article: Cambodia Tribunal
International Criminal Court[edit]
Main article: International Criminal Court
Headquarters of the ICC in The Hague
In 2002, the International Criminal Court (ICC) was established in The Hague (Netherlands) and the Rome Statute provides for the ICC to have jurisdiction over genocide, crimes against humanity and war crimes. The definition of what is a "crime against humanity" for ICC proceedings has significantly broadened from its original legal definition or that used by the UN.[42] Essentially, the Rome Statute employs the same definition of crimes against humanity that the ICTR Statute does, minus the requirement that the attack was carried out ‘on national, political, ethnic, racial or religious grounds’. In addition, the Rome Statute definition offers the most expansive list of specific criminal acts that may constitute crimes against humanity to date.
Article 7 of the treaty stated that:
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:[43]
(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;
The Rome Statute Explanatory Memorandum states that crimes against humanity
are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. However, murder, extermination, torture, rape, political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice. Isolated inhumane acts of this nature may constitute grave infringements of human rights, or depending on the circumstances, war crimes, but may fall short of meriting the stigma attaching to the category of crimes under discussion. On the other hand, an individual may be guilty of crimes against humanity even if he perpetrates one or two of the offences mentioned above, or engages in one such offense against only a few civilians, provided those offenses are part of a consistent pattern of misbehavior by a number of persons linked to that offender (for example, because they engage in armed action on the same side or because they are parties to a common plan or for any similar reason.) Consequently when one or more individuals are not accused of planning or carrying out a policy of inhumanity, but simply of perpetrating specific atrocities or vicious acts, in order to determine whether the necessary threshold is met one should use the following test: one ought to look at these atrocities or acts in their context and verify whether they may be regarded as part of an overall policy or a consistent pattern of an inhumanity, or whether they instead constitute isolated or sporadic acts of cruelty and wickedness.[44]
To fall under the Rome Statute, a crime against humanity which is defined in Article 7.1 must be "part of a widespread or systematic attack directed against any civilian population". Article 7.2.a states "For the purpose of paragraph 1: "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." This means that an individual crime on its own, or even a number of such crimes, would not fall under the Rome Statute unless they were the result of a State policy or an organizational policy. This was confirmed by Luis Moreno Ocampo in an open letter publishing his conclusions about allegations of crimes committed during the invasion of Iraq in March 2003 which might fall under the ICC. In a section entitled "Allegations concerning Genocide and Crimes against Humanity" he states that "the available information provided no reasonable indicator of the required elements for a crime against humanity," i.e. 'a widespread or systematic attack directed against any civilian population'".[45]
The ICC can only prosecute crimes against humanity in situations under which it has jurisdiction. The ICC only has jurisdiction over crimes contained in its statute - genocide, war crimes and crimes against humanity - which have been committed on the territory of a State party to the Rome Statute, when a non-party State refers a situation within its country to the court or when the United Nation Security Council refers a case to the ICC.[46] In 2005 the UN referred to the ICC the situation in Darfur. This referral resulted in an indictment of Sudanese President Omar al-Bashir for genocide, crimes against humanity and war crimes in 2008.[47] When the ICC President reported to the UN regarding its progress handling these crimes against humanity case, Judge Phillipe Kirsch said "The Court does not have the power to arrest these persons. That is the responsibility of States and other actors. Without arrests, there can be no trials.[48]
Council of Europe[edit]
The Committee of Ministers of the Council of Europe on 30 April 2002 issued a recommendation to the member states, on the protection of women against violence. In the section "Additional measures concerning violence in conflict and post-conflict situations", states in paragraph 69 that member states should: "penalize rape, sexual slavery, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity as an intolerable violation of human rights, as crimes against humanity and, when committed in the context of an armed conflict, as war crimes;"[49]
In the Explanatory Memorandum on this recommendation when considering paragraph 69:
Reference should be made to the Statute of the International Criminal Tribunal adopted in Rome in July 1998. Article 7 of the Statute defines rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence of comparable gravity, as crimes against humanity. Furthermore, Article 8 of the Statute defines rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or any other form of sexual violence as a serious breach of the Geneva Conventions and as war crimes.[50]
The Holodomor has been recognized as a crime against humanity by the European Parliament.[51]
See also[edit]
Genocide portal
Charter of the United Nations
Crimes against humanity under communist regimes
Crimes Against Humanity Initiative
Customary international law
Historical revisionism (negationism)
Honor killing
Human rights
Inter-American Commission on Human Rights
Mass Atrocity crimes
Vienna Declaration and Programme of Action
War crimes
References[edit]
Jump up ^ Margaret M. DeGuzman,"Crimes Against Humanity" RESEARCH HANDBOOK ON INTERNATIONAL CRIMINAL LAW, Bartram S. Brown, ed., Edgar Elgar Publishing, 2011
Jump up ^ Luban, David (2004). "A Theory of Crimes Against Humanity". The Yale Journal of International Law. 29 (1): 85–167.
Jump up ^ Martin, Francisco Forrest (2007). The Constitution as Treaty: The International Legal Constructionalist Approach to the U.S. Constitution. Cambridge University Press. p. 101. ISBN 9781139467186.
Jump up ^ Plenipotentiaries of the treaty (1816). The Parliamentary Debates from the Year 1803 to the Present Time. 32. s.n. p. p. 200.
Jump up ^ Hochschild, A. King Leopold's Ghost: A Story of Greed, Terror and Heroism in Colonial Africa. Houghton Mifflin, 1999. p. 96
Jump up ^ Cherif Bassiouni, M. Crimes against Humanity: Historical Evolution and Contemporary Application. Cambridge: Cambridge University Press, 2011. p. 86
Jump up ^ 1915 declaration
Affirmation of the United States Record on the Armenian Genocide Resolution 106th Congress,2nd Session, House of Representatives
Affirmation of the United States Record on the Armenian Genocide Resolution (Introduced in House of Representatives) 109th Congress, 1st Session, H.RES.316, June 14, 2005. 15 September 2005 House Committee/Subcommittee:International Relations actions. Status: Ordered to be Reported by the Yeas and Nays: 40–7.
"Crimes Against Humanity", 23 British Yearbook of International Law (1946) p. 181
Schabas References pp. 16-17
Original source of the telegram sent by the Department of State, Washington containing the French, British and Russian joint declaration
Jump up ^ Cryer, Robert; Hakan Friman; Darryl Robinson; Elizabeth Wilmshurst (2007). An Introduction to International Criminal Law and Procedure. Cambridge University Press. p. 188.
Jump up ^ Nuremberg Trial Proceedings Vol. 1 Charter of the International Military Tribunal contained in the Avalon Project archive at Yale Law School
Jump up ^ Nicolas Werth, Karel Bartošek, Jean-Louis Panné, Jean-Louis Margolin, Andrzej Paczkowski, Stéphane Courtois, The Black Book of Communism: Crimes, Terror, Repression, Harvard University Press, 858 pages, ISBN 0-674-07608-7, page 6.
Jump up ^ Hilberg, Raul (2003). The Destruction of the European Jews (3rd ed.). New Haven, CT: Yale University Press. pp. 1145–1147. ISBN 9780300095579.
Jump up ^ Judgement : The Law Relating to War Crimes and Crimes Against Humanity contained in the Avalon Project archive at Yale Law School
Jump up ^ Yoshinobu Higurashi,Tokyo Saiban(Tokyo Trial),Kodansya-Gendai-Shinsho,Kodansha Limited,2008,p.26,pp.116-119.Hirohumi Hayashi,BC kyu Senpan Saiban,Iwanami Shoten Publishers,2005,p.33.
Jump up ^ Yoshinobu Higurashi,op.cit.,pp.116-119.
Jump up ^ As quoted by Guy Horton in Dying Alive - A Legal Assessment of Human Rights Violations in Burma April 2005, co-Funded by The Netherlands Ministry for Development Co-Operation. See section "12.52 Crimes against humanity", Page 201. He references RSICC/C, Vol. 1 p. 360
Jump up ^ International Convention on the Suppression and Punishment of the Crime of Apartheid Archived October 11, 2009, at the Wayback Machine. dopted and opened for signature, ratification by General Assembly resolution 3068 (XXVIII) of 30 November 1973. Entry into force 18 July 1976, in accordance with article X (10)
Jump up ^ "Charter of the United Nations" Archived April 17, 2009, at the Wayback Machine.
Jump up ^ "ICC Prosecutor's Policy Paper on Sexual and Gender-Based Crimes" June 2014
^ Jump up to: a b "SECURITY COUNCIL DEMANDS IMMEDIATE AND COMPLETE HALT TO ACTS OF SEXUAL VIOLENCE AGAINST CIVILIANS IN CONFLICT ZONES, UNANIMOUSLY ADOPTING RESOLUTION 1820 (2008)". Un.org. Retrieved 2013-02-01.
Jump up ^ "Convention on the Prevention and Punishment of the Crime of Genocide" Office of the United Nations High Commissioner for Human Rights.
Jump up ^ "The Geneva Conventions of 1949 and their Additional Protocols" International Committee of the Red Cross
Jump up ^ Zgonec-Rožej, Miša (July 2013). "International Criminals: Extradite or Prosecute?" (PDF). Briefing Papers. Chatham House. p. 16.
Jump up ^ "Explained: Election Pledge on New Crimes Against Humanity Initiative" Archived 2015-09-04 at the Wayback Machine. AEGIS
Jump up ^ "International Prosecutors Call for Convention on Crimes Against Humanity" The Jurist
Jump up ^ Richard, Goldstone (2011). "Foreword".
^ Jump up to: a b M. Cherif Bassiouni,"Crimes Against Humanity" The Crimes of War Project
Jump up ^ Evans, Gareth, "Crimes Against Humanity and the Responsibility to Protect" Archived January 5, 2015, at the Wayback Machine. International Crisis Group
Jump up ^ Cecilia Marcela Bailliet, "UN International Law Commission to Elaborate New Global Convention on Crimes Against Humanity" IntLawGrrls
Jump up ^ William A. Schabas, "International Law Commission to Work on Draft Articles on Crimes Against Humanity" PhD studies in human rights
Jump up ^ Murphy, Sean (February 2013). "Proposal for New Topic: Crimes Against Humanity, Working Group on the Long-Term Program of Work". International Law Commission, Sixty-fifth session. p. 2
Jump up ^ https://undocs.org/A/RES/260(III)
Jump up ^ "ICD - Crimes against humanity". Asser Institute. 2013.
Jump up ^ "UN condemns 'war crimes' in Gaza". BBC News. 16 September 2009. Retrieved 30 April 2010.
Jump up ^ Goldstone, Richard (2011-04-01). "Reconsidering the Goldstone Report on Israel and War Crimes". The Washington Post. Retrieved 2 August 2012.
Jump up ^ "Resolution A/HRC/RES/22/13: Situation of human rights in the Democratic People’s Republic of Korea" Archived August 29, 2013, at the Wayback Machine. Human Rights Council
^ Jump up to: a b Report of the commission of inquiry on human rights in the Democratic People’s Republic of Korea - A/HRC/25/63, available at: http://www.ohchr.org/EN/HRBodies/HRC/CoIDPRK/Pages/Documents.aspx
Jump up ^ Resolution 1674 (2006) Archived February 23, 2009, at the Wayback Machine.
Jump up ^ Burns, Peter, "Aspect of Crimes Against Humanity and the International Criminal Court" Archived 2012-10-21 at the Wayback Machine. International Centre for Criminal Law Reform and Criminal Justice Policy. p. 6.
^ Jump up to: a b "ICTY Statute" Article 5
Jump up ^ Cherif Bassiouni, M. Crimes against Humanity: Historical Evolution and Contemporary Application. Cambridge: Cambridge University Press, 2011. p. 186
Jump up ^ "ICTR Statute" Article 3
Jump up ^ Cherif Bassiouni. "Crimes Against Humanity". Archived from the original on 2006-07-18. Retrieved 2006-07-23.
Jump up ^ Rome statute of the International Criminal Court Article 7: Crimes against humanity. pdf version
Jump up ^ As quoted by Guy Horton in Dying Alive - A Legal Assessment of Human Rights Violations in Burma April 2005, co-Funded by The Netherlands Ministry for Development Co-Operation. See section "12.52 Crimes against humanity", p. 201. He references RSICC/C, Vol. 1 p. 360
Jump up ^ Luis Moreno Ocampo "OTP letter to senders re Iraq" (PDF). Archived from the original on 2006-02-25. Retrieved 2006-02-25. CS1 maint: BOT: original-url status unknown (link) 9 February 2006. Page 4
Jump up ^ "Archived copy". Archived from the original on 2011-04-12. Retrieved 2011-04-12.
Jump up ^ International Criminal Court, 14 July 2008. "ICC Prosecutor presents case against Sudanese President, Hassan Ahmad AL BASHIR, for genocide, crimes against humanity and war crimes in Darfur". Archived from the original on 2008-07-15. Retrieved 2008-07-15. CS1 maint: BOT: original-url status unknown (link) . Accessed 14 July 2008.
Jump up ^ Judge Philippe Kirsch (President of the International Criminal Court) "Address to the United Nations General Assembly" (PDF). Archived from the original on 2007-06-06. Retrieved 2007-09-14. CS1 maint: BOT: original-url status unknown (link) (PDF) website ICC, 9 October 2006. P. 3
Jump up ^ Committee of Ministers of the Council of Europe: Recommendation (2002) 5 Archived November 27, 2006, at the Wayback Machine. Paragraph 69
Jump up ^ Committee of Ministers of the Council of Europe: Recommendation (2002) 5 Archived November 27, 2006, at the Wayback Machine. Paragraph 100
Jump up ^ "MEPs recognize Ukraine's famine as crime against humanity". Russian News & Information Agency. 2008-10-23. Retrieved 2008-10-23.
Further reading[edit]
Christopher R. Browning, "The Two Different Ways of Looking at Nazi Murder" (review of Philippe Sands, East West Street: On the Origins of "Genocide" and "Crimes Against Humanity", Knopf, 425 pp., $32.50; and Christian Gerlach, The Extermination of the European Jews, Cambridge University Press, 508 pp., $29.99 [paper]), The New York Review of Books, vol. LXIII, no. 18 (November 24, 2016), pp. 56–58. Discusses Hersch Lauterpacht's legal concept of "crimes against humanity", contrasted with Rafael Lemkin's legal concept of "genocide". All genocides are crimes against humanity, but not all crimes against humanity are genocides; genocides require a higher standard of proof, as they entail intent to destroy a particular group.
Macleod, Christopher (2010). "Towards a Philosophical Account of Crimes Against Humanity". European Journal of International Law. 21 (2): 281–302. doi:10.1093/ejil/chq031.
Sadat, Leila Nadya (2013). "Crimes Against Humanity in the Modern Age" (PDF). American Journal of International Law. 107 (2): 334–377. doi:10.5305/amerjintelaw.107.2.0334. Retrieved 11 December 2013.
Schabas, William A. (2000). Genocide in International Law: The Crimes of Crimes. New York: Cambridge University Press. ISBN 0-521-78262-7.
External links[edit]
Look up crimes against humanity in Wiktionary, the free dictionary.
Wikimedia Commons has media related to Crimes against humanity.
Crimes of War project
Rule of Law in Armed Conflicts Project
What is a Crime Against Humanity? – an online video
Genocide & Crimes Against Humanity – a learning resource, highlighting the cases of Myanmar, Bosnia, the DRC, and Darfur
Crimes Against Humanity -- Bibliographies on the topics of the International Law Commission & International Law Seminar (UNOG Library)
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values: Verbrechen gegen die Menschlichkeit – Alemannisch

values: جريمة ضد الإنسانية – Arabic

values: Престъпления срещу човечеството – Bulgarian

values: Хүмүүнлигтэ эсэргүү гэмтэ хэрэг – Russia Buriat

values: Verbrechen gegen die Menschlichkeit – German

values: جنایات علیه بشریت – Persian

values: Misdieden tsjin de minsklikheid – Western Frisian

values: 인도에 반한 죄 – Korean

values: Հանցագործություն մարդկության հանդեպ – Armenian

values: פשע נגד האנושות – Hebrew

values: Адамкерчиликке каршы кылмыштар – Kyrgyz

values: جريمه ضد البشريه – Egyptian Arabic

values: Хүмүүнлэгийн эсрэг гэмт хэрэг – Mongolian

values: လူသားထုအပေါ် ကျူးလွန်သည့် ရာဇဝတ်မှု – Burmese

values: 人道に対する罪 – Japanese

values: Forbrytelser mot menneskeheten – Norwegian

values: Преступления против человечества – Russian

values: Crimes against humanity – Simple English

values: Злочин против човечности – Serbian

values: Zločin protiv čovečnosti – Serbo-Croatian

values: மானுடத்துக்கு எதிரான குற்றங்கள் – Tamil

values: อาชญากรรมต่อมนุษยชาติ – Thai

values: Злочин проти людства – Ukrainian

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Basis (or cost basis), as used in United States tax law, is the original cost of property, adjusted for factors such as depreciation. When property is sold, the taxpayer pays/(saves) taxes on a capital gain/(loss) that equals the amount realized on the sale minus the sold property's basis.
Cost basis is needed because tax is due based on the gain in value of an asset. For example, if a person buys a rock for $20, and sells the same rock for $20, there is no tax, since there is no profit. If, however, that person buys a rock for $20 and then sells the same rock for $25, then there is a capital gain on the rock of $5, which is thus taxable. The purchase price of $20 is analogous to cost of sales.
Typically, capital gains tax is due only when an asset is sold. However the rules for this are very complicated. If tax is paid because the value has increased, the new value will be the cost basis for any future tax.
Internal Revenue Service (IRS) Publication 551 contains the IRS's definition of basis: "Basis is the amount of your investment in property for tax purposes. Use the basis of property to figure depreciation, amortization, depletion, and casualty losses. Also use it to figure gain or loss on the sale or other disposition of property."
Contents
[hide]
1 Determining basis
2 Mutual Fund Basis Methods
3 Reporting
4 Evaluation of methods
5 2012 legislation changes
6 See also
7 References
8 External links
Determining basis[edit]
For federal income taxation purposes, determining basis depends on how the asset in question was acquired.
Assets acquired by purchase or contract: For assets purchased or acquired contractually, the basis equals the purchase price. See IRC (Internal Revenue Code) § 1012.
Assets acquired by gift or trust: The general rule is that assets acquired by gift or trust receive transferred basis (also called carryover basis). See IRC § 1015. Put simply, gifted assets retain the donor's basis. This means that the value of the asset at the time of transfer is irrelevant to computing the donee's new basis. The general rule does not apply, however, if at the time of transfer the donor's adjusted basis in the property exceeds its fair market value and the recipient disposes of the property at a loss. In this situation the asset's basis is its fair market value at the time of transfer. See Treas. Reg. § 1.1015-1(a)(1).
Assets acquired by inheritance: Assets acquired by inheritance are eligible to receive stepped-up basis, meaning the fair market value of the asset at the time of the decedent's death. See IRC § 1014. This provision shields the appreciation in value of the asset during the life of the decedent from any income taxation whatsoever.
Adjusted basis: An asset's basis can increase or decrease depending on changes that occur throughout its lifetime. For this reason, IRC § 1001(a) provides that computing gain requires determining the amount realized from the sale or disposition of property minus the adjusted basis. Capital improvements (such as adding a deck to your house) increase the asset's basis while depreciation deductions (statutory deductions that reduce the taxpayer's taxable income for a given year) diminish the asset's basis. Another way of viewing adjusted basis is to think of the asset as a savings account, with capital improvements representing deposits and depreciation deductions representing withdrawals.
Mutual Fund Basis Methods[edit]
For mutual funds, there are 4 basis methods approved by the IRS, detailed in Publication 564:
Cost basis methods:
Specific share identification
First-in, first-out (FIFO)
Average basis methods:
Average cost single category (ACSC)
Average cost double category (ACDC)
Starting in Jan 2012, broker/dealers are required to track cost basis on covered shares (shares purchased on or after 1 Jan 2012) and are required by law to offer at least the following 3 basis methods:
Specific share identification (Spec ID)
First-in, first-out (FIFO)
Average cost single category
The following other methods are now available to be used as well:
Highest-in, first-out (HIFO)
Min Tax
Max Gain
Reporting[edit]
Cost Basis Reporting is a term used in the financial services industry that refers to identifying the actual cost of a security for income tax purposes. Cost basis reporting became mandatory on January 1, 2011. The Emergency Economic Stabilization Act of 2008 – popularly known as the “bailout bill” – was signed into law on October 3, 2008 to address the mounting global financial crisis.[1] The Act also had important cost basis ramifications, because Section 403 contained provisions that place significant cost basis-related requirements on brokers and other intermediaries who report their clients’ adjusted cost basis on IRS Form 1099.[2]
Under the new legislation, financial intermediaries must report accurate adjusted cost basis information to both investors and the IRS for:
Equities acquired on or after January 1, 2011
Mutual fund and dividend reinvestment plan (DRiP) shares acquired on or after January 1, 2012.
Financial instruments such as debt securities, options and private placements acquired on or after January 1, 2014
Additionally, an intermediary who transfers a client account to another intermediary must provide information necessary for cost basis reporting within 15 days of the account transfer. Financial intermediaries need to develop a compliance plan now, since penalties for non-compliance are stiff – up to $350,000 per year for incorrect Form 1099-B cost basis reporting,[3] and unlimited penalties for intentional disregard of the new requirements.
Under the new law, taxpayers are also subject to penalties of up to $1,000 for underreporting capital gains taxes, and up to $5,000 for willful disregard of the law or reckless conduct in reporting capital gains taxes.
Note that these examples highlight selected aspects of the new legislation, and are not meant to provide a complete view of the compliance issues facing any specific organization.
Evaluation of methods[edit]
Specific share identification is the most record and labor-intensive, as one must track all purchases and sales and specify which share was sold on which date. It almost always allows the lowest tax bill, however, as one has discretion on which gains to realize. Starting in 2012, the shares being sold must be identified at the time of the sale.
FIFO is the default method used for brokerage securities if no other is specified, and generally results in the highest tax bill, as it sells oldest (hence generally most appreciated) shares first.
Average cost single category is widely used by mutual funds, as it is the simplest in terms of record keeping (only total basis need be tracked) and sale (no specifying required), and results in moderate tax.
HIFO sells the shares with the highest cost first in an attempt to minimize the tax bill.
Min Tax sells shares in the following order: shares with short-term losses, long-term losses, long-term gains and lastly short-term gains.
Max Gain is the exact opposite of Min Tax.
2012 legislation changes[edit]
Shareholders are no longer required to petition the IRS to switch cost basis methods starting in 2012, however to move into or out of average cost, the shareholder must do so in writing. The IRS considers in writing to be letters from the shareholder to their financial institution, changing methods online, or filling out a method election/change form from their financial institution. The IRS does not currently consider verbal permission on a recorded line as being "in writing."
Transfer agents and broker/dealers are now required by law to report the gains or losses of any sales of covered shares to the IRS. Institutions transferring covered shares to another institution must transfer the basis for those shares within 15 days of transfer. Because FIFO and Spec ID require a complete lot history, institutions must transfer and track full lot history and cannot transfer a "rolled up" total cost when transferring the cost basis to another institution. Several financial institutions will be participating in a Cost Basis Reporting System or CBRS to ease the transfer of cost basis between institutions but are not required by the IRS to do so.
See also[edit]
Tax basis
References[edit]
Jump up ^ "Bush signs financial bailout package", Reuters, October 3, 2008, accessed April 14, 2011
Jump up ^ Kearney, Helen "Advisers must gear up for cost-basis angst", Reuters, September 30, 2010, accessed April 14, 2011
Jump up ^ "Complying with new cost basis legislation: What brokers, banks, transfer agents, mutual funds and issuers need to know" Archived 2012-07-26 at the Wayback Machine. , DTCC (The Depository Trust and Clearing Corporation), page 15 (section titled Penalties for Inaccurate Reporting), December 2008, accessed April 15, 2011, page not found March 8, 2017.
External links[edit]
Publication 550, Investment Income and Expenses
Publication 551, Basis of Assets
2009 Publication 564, Mutual Fund Distributions
Retrieved from "https://en.wikipedia.org/w/index.php?title=Cost_basis&oldid=795320533"
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