Study of the Holocaust from the Vision of International Humanitarian Law and Contemporary International Criminal Law

Abstract

The German philosopher and psychiatrist, Karl Jaspers, reported on the Holocaust: "What has happened is a warning. Forgetting it is a crime. It was possible that this happened and it is still possible that a successor will be produced at any moment. "This is a sentence that is not known more than the reality that has occurred in the disintegration of the former Yugoslavia (Massacre of Srebrenica, Bosnia-Herzegovina ), the events in Rwanda, where the Hutu civilian population is, after years of anti-Tutsi government indoctrination, were given the task of exterminating these, those that occurred in Cambodia during the period of government of the Communist Party of Kampuchea, known as the Khmer Rouge; the victims in Guatemala to the detriment of the Mayan indigenous population, among others.

Hence the need to study these situations of violence generalization. For the purposes of this research article, the Holocaust has been selected, to develop in its context; the criminal types found in the Rome Statute of the International Criminal Court, with the exception of the Crime of Aggression Due that its definition has not yet been agreed.

Also, the process of the emergence of a genocide will be analyzed, through the ten stages of Gregory H. Stanton; the national and international tools of prevention that are used during and after the conflict will be studied, and the national and international judgments that it is a matter to impute the criminal responsibility of the perpetrators, with the objective that the reader can identify and analyze the various elements that will be developed and applied in a practical way to a real and current situation of generalized violence, or, to other comparable and occurred in the past as the aforementioned, that is, although this article focuses on the Holocaust, the purpose real is to provide the necessary tools to study situations of generalized violence to identify their stages of emergence and thus take the appropriate measures that should be chosen to avoid it or face them.