Threshold of Criminalizing of Discriminatory Acts under International Criminal Law

Abstract

Discriminatory acts are considered violations of human rights, and their commission may result in international responsibility for states and, in some cases, criminal liability for individuals. Numerous international documents explicitly condemn discrimination and declare it prohibited. Due to the diversity of discrimination and its occurrence in various parts of the world, as well as the lack of precise criteria for criminalizing discriminatory acts in the international legal system, only certain discriminatory behaviors that significantly harm global sentiments have been criminalized. Based on this, the international community has recognized racial discrimination and apartheid as egregious violations of established norms, imposing not only international responsibility on states but also criminal liability on individuals committing such discriminatory acts. Therefore, identifying internationally recognized criteria for criminalizing discrimination in its various forms is necessary. This research, conducted through a descriptive-analytical method, provides a comprehensive overview of major legal regulations at the global and regional levels. It aims to examine the circumstances under which discrimination is criminalized in the international legal system and concludes that only those discriminatory acts reaching the level of violating established norms have been criminalized.