APPENDIX 3: INTERNATIONAL LAW ADDENDUM ON CRIMES AGAINST HUMANITY

 

Rome Statute of the International Criminal Court, 17 July 1998, 2187 UNTS 90, art 7 (entered into force 1 July 2002).

 

Article 7 (1) (a): Elements of the Crime against Humanity of murder:

  1. The perpetrator killed one or more persons, including by inflicting conditions of life calculated to bring about the destruction of part of a population.
  2. The conduct constituted, or took place as part of, a mass killing of members of a civilian population.
  3. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
  4. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population

 

Article 7 (1) (e) Elements of the Crime against Humanity of imprisonment or other Severe Deprivation of Physical Liberty:

  1. The perpetrator imprisoned one or more persons or otherwise severely deprived one or more persons of physical liberty.
  2. The gravity of the conduct was such that it was in violation of fundamental rules of international law.
  3. The perpetrator was aware of the factual circumstances that established the gravity of the conduct.
  4. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
  5. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.

 

Article 7 (1) (f) Elements of the Crime against Humanity of Torture states:

    1. The perpetrator intentionally inflicted severe pain or suffering, whether physical or mental.
    2. Upon a person in the custody or under the control of the accused.
    3. Torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
    4. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
    5. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.

 

Article 7 (1) (h) : Elements of the Crime against Humanity of Persecution:

  1. The perpetrator severely deprived, contrary to international law, one or more persons of fundamental rights.
  2. The perpetrator targeted such person or persons by reason of the identity of a group or collectivity or targeted the group or collectivity as such.
  3. Such targeting was based on political, racial, national, ethnic, cultural, religious, gender as defined in article 7, paragraph 3, of the Statute, or other grounds that are universally recognized as impermissible under international law.
  4. The conduct was committed in connection with any act referred to in article 7, paragraph 1, of the Statute or any crime within the jurisdiction of the Court.22
  5. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
  6. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.

 

Article 7 (1) (k): Elements of Crime against Humanity of other Inhumane Acts:

1.The perpetrator inflicted great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act.

  1. Such act was of a character similar to any other act referred to in article 7, paragraph 1, of the Statute.
  2. The perpetrator was aware of the factual circumstances that established the character of the act.
  3. The conduct was committee as part of a widespread or systematic attack directed against a civilian population.
  4. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.

The definitions of actions set forth in paragraph 1 state:

(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;[1]

                …

(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.

The Rome Statute Provides for Individual Criminal Responsibility

            Article 25:

In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;

(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the group to commit the crime.

 

The Rome Statute Provides for Jurisdiction over Heads of State and Other Government Officials

 

Article 27:  Irrelevance of official capacity

  1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
  2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

    The Elements of Crimes[2] defines the elements of each crime, but there are elements common to each.  In the Introduction to Article 7, Crimes against Humanity, the Elements of Crimes describe two common elements found as the last two elements for each crime: the conduct was committed as part of a widespread or systematic attack directed against a civilian population; and the perpetrator knew that that the conduct was part of or intended the conduct to

[1]Rome Statute of the International Criminal Court, 17 July 1998, 2187 UNTS 90, art 7 (entered into force 1 July 2002).

[2] Available at https://asp.icc-cpi.int/iccdocs/asp_docs/Publications/Compendium/ElementsOfCrime-ENG.pdf.

 

 

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