'Persecution against any identifiable group on political, racial, national, ethnic, cultural, religious, or gender grounds - crimes against humanity' in document 'Switzerland - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Book Two : Specific Provisions

Title Twelvebis : Genocide and Crimes against Humanity

Art. 264a

1 The penalty is a custodial sentence of not less than five years for any person who, as part of a widespread or systematic attack directed against any civilian population :

i. in violation of international law and for political, racist, ethnic, religious, social or other reasons, severely denies or deprives a group of people of fundamental rights in connection with an offence under Title Twelvebis or Title Twelveter or for the purpose of the systematic oppression or domination of an ethnic group ;

RELEVANT ROME STATUTE PROVISIONS

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:
(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

2. For the purpose of paragraph 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;

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.