BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title I
OF GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES

54A. (1) It is a crime for a person to commit genocide, a crime against humanity or a war crime.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title I
OF GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES

54A."genocide" means an act of genocide as defined in article 54B

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title I
OF GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES

54A. (3) In interpreting and applying the provisions of this Title the court shall take into account the original text of the ICC Treaty and of any treaty and convention referred to in the ICC Treaty.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title I
OF GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES

54A. (4) In interpreting and applying the provisions of articles 54B, 54C and 54D, hereinafter, in this Title, referred to as "the relevant articles", the court shall take into account -
(a) any relevant Elements of Crimes adopted in accordance with article 9 of the ICC Treaty, and
(b) until such time as Elements of Crimes are adopted under that article, any relevant Elements of Crimes contained in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June, 2000.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title I
OF GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES

54B. (1) Genocide is committed where any of the following acts is 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.
(2) Whosoever directly and publicly incites others to commit genocide shall be guilty of a crime.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title I
OF GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES

54F. (1) References in this Part to a person committing -
(a) genocide,
(b) a crime against humanity, or
(c) a war crime,
shall be construed in accordance with this article.

(2) Unless otherwise provided by -
(a) the articles mentioned in the definition in article 54A(1) of the crimes specified in subarticle (1)(a) to (c) of this article, or in any relevant Elements of Crimes referred to in article 54A(3),
(b) article 54E, a person is regarded as committing a crime referred to in subarticle (1) only if the material elements of the crime are committed with intent and knowledge.

(3) For this purpose -
(a) a person has intent -
(i) in relation to conduct, where he means to engage in the conduct, and
(ii) in relation to a consequence, where he means to cause the consequence or is aware that it will occur in the ordinary course of events, and

(b) "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events.

(4) In interpreting and applying the provisions of this article (which corresponds to article 30 of the ICC Treaty) the court shall take into account any relevant judgment or decision of the ICC and may also take into account any other relevant international jurisprudence.

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

TITLE II
OF CRIMES AGAINST THE PUBLIC PEACE

82A. (1) Whosoever uses any threatening, abusive or insulting words or behaviour, or displays any written or printed material which is threatening, abusive or insulting, or otherwise conducts himself in such a manner, with intent thereby to stir up violence or hatred against another person or group on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, religion or belief or political or other opinion or whereby such violence or racial hatred is likely, having regard to all the circumstances, to be stirred up shall, on conviction, be liable to imprisonment for a term from six to eighteen months.

(2) For the purposes of the foregoing subarticle "violence or hatred" means violence or hatred against a person or against a group of persons in Malta defined by reference to gender, gender identity, sexual orientation, race, colour, language, ethnic origin, religion or belief or political or other opinion.


82B. Whosoever publicly condones, denies or grossly trivialises genocide, crimes against humanity and war crimes directed against a group of persons or a member of such a group defined by reference to race, colour, religion, descent or national or ethnic origin when the conduct is carried out in a manner -
(a) likely to incite to violence or hatred against such a group or a member of such a group;
(b) likely to disturb public order or which is threatening, abusive or insulting,
shall, on conviction, be liable to imprisonment for a term from eight months to two years:
Provided that for the purposes of this article "genocide", "crimes against humanity" and "war crimes" shall have the same meaning assigned to them in article 54A.

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.