The Evolution of the concept of crimes against humanity in terms of the Statute of the International Criminal Court (ICC)

As one of the most important international crimes, crimes against humanity in Article 7 of the Statute of the International Criminal Court, as a court of criminal jurisdiction has been. The first of these consists in the Joint Declaration of the Government of France, Russia and Great Britain in 1915 was 24.In this statement stressed the need to hold individuals accountable for the killing of Armenians under Ottoman rule was asserted as a crime against humanity. Elements in the definition of the crime of entering the notion of international criminal law, the developments and changes. The victorious powers of World War II, when drafting the Statute of International Court of Nuremberg, in the definition of the crime, be aware that criminal acts connected with the armed conflict have.The idea was that the criminal acts committed in time of peace, are not covered, and thus thecountriesabout the behavior of minorities or people for their colonies not to prosecute. Statute of the International Criminal Tribunal for the former Yugoslavia approach in Article 5 (ICTY) was also adopted and the prosecution and punishment of crimes against humanity only when it was known that "in time of armed conflict, whether international or domestic is happening," the drafters of this matter in the UN Secretariat believed that there are restrictions on the rights of public international law. Eighteen months after the passage of the Statute of the International Criminal Tribunal for Rwanda (ICTR) requirement of crimes against humanity related to the armed conflict was excluded,But the explanation of this action was to emphasize that this is contrary to public international law has been adopted. However, the International Court of Criminal Appeals Chamber of the ICTY (ICTY) argued that in contemporary public international law, there is no link between crimes against humanity and there is no armed conflict. Statute of the International Criminal Court, the drafters of the same procedures were followed. Another important element in the definition of crimes against humanity related to the need for programs and policies in committing crimes against humanity. While the Appeals Branch of the International Tribunal for the Former Yugoslavia in the case of "Kvnarach" was believed that the "public policy" is not a necessary element of a crime against humanity, but the drafters of the Statute of International Criminal Court is considered this provision as a necessary elements in the definition of the crime. In the one of the votes of the Supreme Court of Canada, the element of "public policy" in the definition of crimes against humanity, was considered one of the most important developments in the concept of crimes against humanity under public international law.This paper suggests that the Removal of condition crimes against humanity during the armed conflict on the one hand and public policy element in the definition of crimes against humanity are investigated and examined.