Crimes Against ‘Humaneness’?

Abstract

It is generally recognized that the term ‘humaneness’, signifying compassion, kindness or mercy, is the least appropriate among several candidates in the English language for use with crimes against humanity. Yet, this term has been used by one of the official languages of the United Nations — Russian. Crimes against humanity has been translated as ‘crimes against humaneness’ — prestupleniya protiv chelovechnosti — in the Russian versions of statutes of international criminal tribunals and courts. This translation distorts the concept of crimes against humanity and diminishes the gravity of this group of crimes. This article analyses the circumstances leading to the appearance of this term in the Russian version of draft Article 6(c) of the Statute of the International Military Tribunal in Nuremberg. In addition, this article demonstrates that inconsistencies exist at Russian official translations of the notion which have resulted in interpretative confusions. The post-Nuremberg meaning of the term ‘humanity’ has evolved into ‘humankind’. It is suggested that the current drafting process by the International Law Commission on the proposed convention on crimes against humanity may assist states in the proper interpretation and translation of crimes against humanity into their national law.