Abstract

"Widespread or systematic attack against the civilian population" is a prerequisite for the establishment of crimes against humanity elements. The so-called "broad", the size and aggressive behavior should be the number of victims to define two aspects; the so-called "systematic", as long as it reveals the "organization" of features you can and can not contain "policy" of the elements; define " attacks on the civilian population ", attention should be attacked and policy relevance and sustainability of the attack. In determining whether the victims are civilians, the crime must be considered when implementing the specific situation in which the person, not just their identity. "Rome Statute" by deleting the definition of crimes against humanity "armed conflict" element, which is actually attributable to lower the core jurisdiction of the International Criminal Court convicted criminal threshold, is clearly contrary to the purpose of the International Criminal Court was established, and then as a gross interference in the sovereignty of a country to stay hidden. The phrase "broadly or systematic attack directed against a civilian population" is the contextual element of crime against humanity. "Broadly" shall be defined from two aspects: the scale of attack and the number of victims. As far as the word "systematic" concerned, it is enough to reveal its feature "organized", including not element of "policy." In defining the words "attack directed against a civilian population", we shall pay attention to the relationship between attack and policy as well as the continuity of attack. As for whether victims are civilian, we shall consider the specific situation the person is in at the time of crime, rather than merely his status. When Rome Statute deletes "armed conflict" from definition of crime against humanity, thereby practically reducing the criminalizing threshold of the crime fallen within the jurisdiction of the International Criminal Cowl, it obviously deviates from the mission of ICC and leaves a hidden trouble for wantonly interfering with a country 's sovereignty