Difference between revisions of "Crimes against Humanity"

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'''Crime Against Humanity''' means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.
  
== Rome Statute of the International Criminal Court ==
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===Murder===
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The unlawful killing of another human being.
  
===Preamble===
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===Extermination===
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The intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population.
  
The States Parties to this Statute,
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===Enslavement===
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The exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children.
  
Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,
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===Deportation or forcible transfer of population===
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Forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law.
  
Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,
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===Imprisonment===
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Severe deprivation of physical liberty in violation of fundamental rules of international law.
  
Recognizing that such grave crimes threaten the peace, security and well-being of the world,
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===Torture===
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The intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.
  
Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,
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===Sexual Violence===
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*Rape
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*Sexual Slavery
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*Enforced Prostitution
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*Forced pregnancy
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**The unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.
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*Enforced Sterilization
  
Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,
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===Persecution Against Any Identifiable Group or Collectivity===
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'''Persecution''' is the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity on any of these grounds:
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*Political
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*Racial
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*National
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*Ethnic
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*Cultural
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*Religious
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*Gender
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**The term "gender" refers to the two sexes, male and female, within the context of society.
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*Other grounds that are universally recognized as impermissible under international law
  
Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,
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===Enforced disappearance of persons===
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The arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
  
Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,
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===The Crime of Apartheid===
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Inhumane acts committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.
  
Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State,
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===Other inhumane acts of a similar character===
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intentionally causing great suffering, or serious injury to body or to mental or physical health.
  
Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole,
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== Notes ==
  
Emphasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions,
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*'''Attack directed against any civilian population''' means a course of conduct involving the multiple commission of acts referred to above targeting against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
  
Resolved to guarantee lasting respect for and the enforcement of international justice,
 
  
Have agreed as follows:
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----
 
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See [[Crimes]]
==Part 1: Establishment of the Court==
 
 
 
'''Article 1'''
 
 
 
The Court
 
*An International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.
 
 
''' Article 2'''
 
 
 
*Relationship of the Court with the United Nations
 
 
 
The Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf.
 
 
Article 3
 
Seat of the Court
 
 
 
1.        The seat of the Court shall be established at The Hague in the Netherlands ("the host State").
 
 
2.        The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf.
 
 
 
3.        The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.
 
 
Article 4
 
Legal status and powers of the Court
 
 
 
1.        The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.
 
 
2.        The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.
 

Latest revision as of 10:28, 27 July 2010

Crime Against Humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.

Murder

The unlawful killing of another human being.

Extermination

The intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population.

Enslavement

The exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children.

Deportation or forcible transfer of population

Forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law.

Imprisonment

Severe deprivation of physical liberty in violation of fundamental rules of international law.

Torture

The intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.

Sexual Violence

  • Rape
  • Sexual Slavery
  • Enforced Prostitution
  • Forced pregnancy
    • The unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.
  • Enforced Sterilization

Persecution Against Any Identifiable Group or Collectivity

Persecution is the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity on any of these grounds:

  • Political
  • Racial
  • National
  • Ethnic
  • Cultural
  • Religious
  • Gender
    • The term "gender" refers to the two sexes, male and female, within the context of society.
  • Other grounds that are universally recognized as impermissible under international law

Enforced disappearance of persons

The arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

The Crime of Apartheid

Inhumane acts committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime.

Other inhumane acts of a similar character

intentionally causing great suffering, or serious injury to body or to mental or physical health.

Notes

  • Attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to above targeting against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;



See Crimes