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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Crimes against humanity

Article 427
Anyone who by breaching the rules of international law, within the limits of a wider or systematic attack against civilian population, orders any of the following : murders ; placing the population or its part under such living conditions as to bring about their complete or partial extermination ; enslavement ; forced displacement ; torture ; rape ; coercion to prostitution ; coercion to pregnancy or sterilization with a view to changing the ethnic composition of the population ; persecution or expulsion on political, religious, racial, national, ethnic, cultural, sexual or any other grounds ; detention or abduction of persons without disclosing information thereon so as to deprive them of legal assistance ; oppression of a racial group or establishment of domination of one such group over another ; or any other similar inhuman acts intended to cause serious suffering or seriously harm health ; or who commits any of the said offences shall be punished by a prison term not shorter than five years or by a forty year prison term.

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.