Book Two: Specific Provisions

Title Twelvebis: Genocide and Crimes against Humanity

Art. 264

1 The penalty is a custodial sentence of life or a custodial sentence of not less than ten years for any person who with the intent to destroy, in whole or in part, a group of persons characterised by their nationality, race, religion or ethnic, social or political affiliation :

a. kills members of such a group, or seriously harms them physically or mentally ;
b. inflicts living conditions on members of such a group that are calculated to bring about its total or partial destruction ;
c. orders or takes measures that are directed towards preventing births within such a group ; or
d. forcibly transfers children in such a group to another group or arranges for such children to be forcibly transferred to another group.

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.