Difference between revisions of "Crimes against Humanity"

From Criminal Defense Wiki
Jump to navigationJump to search
 
(27 intermediate revisions by one other user not shown)
Line 1: Line 1:
==Crimes Against Humanity==
+
'''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.
1. For the purpose of this Statute, "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:
 
*(a) Murder;
 
  
*(b) Extermination;
+
===Murder===
 +
The unlawful killing of another human being.
  
*(c) Enslavement;
+
===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.
  
*(d) Deportation or forcible transfer of 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.
  
*(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
+
===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.
  
*(f) Torture;
+
===Imprisonment===
 +
Severe deprivation of physical liberty in violation of fundamental rules of international law.
  
*(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
+
===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.
  
*(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
+
===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
  
*(i) Enforced disappearance of persons;
+
===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
  
*(j) The crime of apartheid;
+
===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.
  
*(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
+
===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.
  
2. For the purpose of paragraph 1:
+
===Other inhumane acts of a similar character===
*(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
+
intentionally causing great suffering, or serious injury to body or to mental or physical health.
  
*(b) "Extermination" includes 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;
+
== Notes ==
  
*(c) "Enslavement" means 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;
+
*'''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;
  
*(d) "Deportation or forcible transfer of population" means 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;
 
  
*(e) "Torture" means 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;
+
----
 
+
See [[Crimes]]
*(f) "Forced pregnancy" means 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. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
 
 
 
*(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
 
 
 
*(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, 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;
 
 
 
*(i) "Enforced disappearance of persons" means 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.
 
 
 
3. For the purpose of this Statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.
 

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