Chapter 16. Genocide, crimes against humanity and war crimes

Section 101. Genocide

Any person is liable to punishment for genocide who with intent to destroy, in whole or in part, a national, ethnical, racial or religious group

(a) kills one or more members of the group,

(b) causes serious injury to body or to mental or physical health to one or more members of the group,

(c) deliberately inflicts on one or more members of the group conditions of life calculated to bring about the physical destruction of the group, in whole or in part,

(d) imposes measures on one or more members of the group intended to prevent births within the group, or

(e) forcibly transfers one or more children from the group to another group.

To render a person liable to punishment for aiding and abetting, it suffices that he intends to share the principal’s genocidal intent.

The penalty for genocide 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:
(a) The crime of genocide

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.