What is the Difference Between War Crimes and Crimes against Humanity?

The main difference between war crimes and crimes against humanity lies in the context in which they are committed and the nature of the acts. Here are the key distinctions between the two:

Context: War crimes are committed during armed conflicts, whether international or domestic, and involve serious breaches of international humanitarian law. Crimes against humanity, on the other hand, can be committed both during times of war and peace, and involve widespread or systematic attacks directed against any civilian population.
Nature of the Acts: War crimes may involve individual and isolated acts, whereas crimes against humanity involve acts committed on a large scale. Crimes against humanity must be part of a widespread or systematic attack, whereas war crimes do not have this requirement.
Targets: Most war crimes may be committed against both civilians and enemy combatants. Crimes against humanity, however, are committed against civilians and are often part of a government policy or widespread practice of atrocities tolerated or condoned by a government or de facto authority.

Examples of crimes against humanity include the use of weapons of mass destruction, state terrorism, death squads, kidnappings, forced disappearances, the use of child soldiers, unjust imprisonment, enslavement, torture, rape, political repression, religious persecution, and other human rights abuses. War crimes, on the other hand, cover a wide range of acts, including rape and torture committed in connection with an armed conflict.

In some cases, acts may overlap and constitute both war crimes and crimes against humanity. For example, an isolated act of rape committed in connection with an armed conflict is a war crime, but if it is committed as part of a widespread or systematic pattern of rape of civilians, it is a crime against humanity.

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What is the Difference Between War Crimes and Crimes against Humanity?

Comparative Table: War Crimes vs Crimes against Humanity

The main differences between war crimes and crimes against humanity are listed in the table below:

Feature	War Crimes	Crimes Against Humanity
Timing	May only be committed during an armed conflict.	Can be committed both in times of war and of peace.
Target	Committed against a protected person or object (civilians, combatants placed out of combat, or civilian and cultural objects).	Committed against civilians. May also be committed against nationals of any state, including that state's own nationals.
Intent	No specific intent is required.	An additional specific intent is required for some crimes against humanity (e.g., persecution and genocide).
Acts	Include violence to life and person, mutilation, cruel treatment and torture of persons taking no direct part in hostilities, and committing outrages upon personal dignity.	High-ranking politicians are often charged with crimes against humanity when there are acts of degradation or humiliation of human beings.

In summary, war crimes are serious violations of international humanitarian law that occur during armed conflicts, while crimes against humanity are committed against civilians and can happen both during war and peace. War crimes do not require a specific intent, whereas some crimes against humanity do.

Guilherme Mazui

Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.