Chapter 16. Genocide, crimes against humanity and war crimes

Section 102. Crimes against humanity

Any person is liable to punishment for a crime against humanity who, as part of a widespread or systematic attack directed against any civilian population,

(a) kills a person,

(b) exterminates a population in whole or in part, including by inflicting on it or parts of it conditions of life calculated to bring about the destruction of the population in whole or in part,

(c) enslaves a person,

(d) deports or forcibly transfers a population in violation of international law/without grounds permitted under international law,

(e) imprisons or otherwise severely deprives a person of physical liberty in violation of fundamental rules of international law,

(f) tortures a person in his custody or under his control by inflicting on the person severe mental or physical pain or suffering,

(g) subjects a person to rape, sexual slavery or enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity,

(h) subjects an identifiable group to persecution by depriving one or more members of the group of fundamental human rights on political, racial, national, ethnic, cultural, religious, gender-related or other grounds contrary to international law,

(i) on behalf of, or with the consent, support or authorisation/authorisation, support or acquiescence* of a State or a political organisation contributes to the enforced disappearance of a person, with the intention of removing that person from the protection of the law for a prolonged period of time,

(j) in the context of an institutionalised regime of systematic oppression and domination by one racial group over one or more other racial groups/any other racial group or groups* commits a crime of apartheid by carrying out inhumane acts of a character like or similar to that of acts falling within the scope of this section with the intention of maintaining that regime, or

(k) commits another inhumane act of a similar character that causes great suffering or severe injury to body or health.

The penalty for a crime against humanity is imprisonment for a term not exceeding 30 years.

Chapter 16. Genocide, crimes against humanity and war crimes

Section 108. Conspiracy and incitement to commit genocide, crimes against humanity and war crimes

Any person who conspires with another person to commit a criminal offence mentioned in sections 101 to 107 is liable to imprisonment for a term not exceeding 10 years. The same applies to any person who directly and publicly incites another person to commit such an offence.

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(b) Crimes against humanity

Article 7
Crimes against humanity
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;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(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;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(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;
(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;
(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;
(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;
(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.