List and discuss the elements of a crime against humanity


Problem

Indiscriminate murders of Red population have occurred in a town X. The Blue population that also inhabits this town has, for the most part, not been touched. However, some Blue individuals that opposed the killings of the Red population have also been killed. The death toll for the Red population has risen to about 5,000 people and about a 1,000 Red people were also forcefully deported from town X, leaving mostly Blue population behind. There have been a number of radio broadcasts stating that the Red population needs to be eliminated, so that its control on the town can be undermined and that "Reds will kill the Blues, if they are not killed first." The killings are well organized. Soldiers execute Red men and women in small groups, mass graves are dug to bury the dead and soldiers return periodically to check that there are no survivors. Children are put on busses and are taken out of town. Ms. Smith, who is a resident in town X, knows of the mass killing and deportation campaign that has unfolded against the Red population. Ms. Smith decides to kill her Red co-worker in order to acquire her expensive jewelry. She thinks that she can get away with the murder, since so many Red people have been killed already.

List and discuss the elements of a crime against humanity. Can Ms. Smith be charged with such an offence, given her personal motives for killing her co-worker? In your answer, relate the above case scenario to each of the elements of the crimes against humanity offence.

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