The Jurisprudence of Crimes against Humanity and Global Poverty

Richard Suofade Ogbe
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Abstract

There have been efforts at evaluating the causes of global poverty vis a vis crime against humanity. The gap between rich and poor has increased over the years in the world. Crime against humanity is an offense in international criminal law that comprises various acts such as murder, extermination, enslavement, torture, forcible transfers of populations, imprisonment, rape, persecution, enforced disappearance, and apartheid, among others. States are obligated to guarantee the welfare and security of their citizens by carrying out programmes meant to eradicate poverty. Many states in the world have failed in this regard. The conversation as to whether global poverty can be taken as a crime against humanity appears to be mere rhetoric. This paper seeks to argue that there are cogent reasons why global poverty should be taken as a crime against humanity because poverty makes people sick, and dehumanizes the human person. This is particularly based on the standard and guidelines adopted in defining crimes against humanity as encapsulated in international laws, especially the Rome Statute of the International Criminal Court and International Military Tribunal for the former Yugoslavia. This paper submits that the causes of global poverty are comparable with the crimes of slavery, torture, murder, etc because poverty in itself is a massive crime against humanity. The international community must hold to account the few privileged and rich persons whose economic activities perpetuate poverty in the world and treat them in the same way the perpetrators of rape, torture, enslavement, murder, and extermination are treated. This is a sure way the global poor's right to good and meaningful life can be guaranteed. The international community should continue to protect the poor from the horrible institutions and poverty inflicted upon them by the few rich and privileged persons in the world. This paper, therefore, seeks to conceptually clarify the connection between poverty and human rights from an international human rights law perspective.
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反人类罪与全球贫困的法理学
在对比危害人类罪评价全球贫穷的原因方面作出了努力。多年来,世界上的贫富差距越来越大。危害人类罪是国际刑法中的一种罪行,包括各种行为,如谋杀、灭绝、奴役、酷刑、强行转移人口、监禁、强奸、迫害、强迫失踪和种族隔离等。各国有义务通过执行旨在消除贫穷的方案来保障其公民的福利和安全。世界上许多国家在这方面都失败了。关于全球贫困是否可以被视为反人类罪的讨论似乎仅仅是花言巧语。这篇论文试图论证为什么全球贫困应该被视为反人类罪,因为贫困使人生病,使人失去人性,这是有充分理由的。这是特别根据国际法,特别是关于前南斯拉夫问题的国际刑事法院和国际军事法庭的罗马规约所规定的危害人类罪的定义所采用的标准和准则。本文认为,全球贫困的原因可以与奴役、酷刑、谋杀等罪行相提并论,因为贫困本身就是一种大规模的反人类罪行。国际社会必须追究少数享有特权和富有的人的责任,他们的经济活动使世界上的贫困永久化,并以对待强奸、酷刑、奴役、谋杀和灭绝的肇事者的同样方式对待他们。这是确保全球穷人享有美好和有意义生活的权利的可靠途径。国际社会应继续保护穷人免受世界上少数富人和享有特权的人强加给他们的可怕机构和贫困的影响。因此,本文试图从国际人权法的角度从概念上澄清贫困与人权之间的联系。
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