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 :

e. and with the intention of removing a person from the protection of the law for a prolonged period of time :
1. on behalf of or with the acquiescence of a State or political organisation, deprives that person of his or her liberty, and thereafter refuses to give information on his or her fate or whereabouts, or
2. on behalf of or with the acquiescence of a State or political organisation or in violation of a legal duty refuses to give information on the fate or whereabouts of the person concerned ;

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:
(i) Enforced disappearance of persons

2. For the purpose of paragraph 1:
(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.