The Special Part

Title I
Crimes and delicts against persons

Chapter I
Crimes against humankind

Inhuman treatment

Art.173 – (1) Subjection of injured or diseased persons, of members of the civil health personnel or of the personnel of the Red Cross or of organisations equated to it, of castaways, prisoners of war and in general of any other person fallen into the enemy’s powers to inhuman treatment, or to medical or scientific experiments not justified by a medical treatment in their best interest, shall be punished by severe detention from 15 to 20 yearsand the prohibition of certain rights.

(2) The same penalty shall also sanction the commission with regard to the persons in para.
(1) of one of the following acts :

• a) coercion to serve in the enemy’s armed forces ;
b) taking hostages ;
c) deportation ;
d) dislocation or deprivation of freedom with no legal grounds ;
e) conviction or execution without prior judgment by a court founded legally and that judged the case in observance of the fundamental judicial safeguards provided in the law.

(3) Torture, mutilation or extermination of persons in para.(1) shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

The Special Part

Title I
Crimes and delicts against persons

Chapter I
Crimes against humankind

Other crimes against humankind

Art.175 – (1) Commission, during a generalised or systematic attack launched against the civil population, of any of the following acts :

• a) homicide ;
b) severe infringement upon physical integrity or physical or mental health ;
c) extermination ;
d) subjection to slavery ;
e) deportation or forced transfer of population ;
f) deprivation of freedom, without prior judgment by a court founded legally and that judged the case in observance of the fundamental judicial safeguards provided in the law ;
g) torture ;
h) rape, forced prostitution, forced pregnancy, forced sterilisation or any other form of sexual violence ;
i) discrimination of any group or any community for political, racial, national, ethnic, cultural, religious or sexual reasons ;
j) forced disappearances of persons ,
shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

(2) The same penalty shall sanction also the detonation of nuclear weapons or of any kind of nuclear explosive device.

The Special Part

Title I
Crimes and delicts against persons

Chapter I
Crimes against humankind

Sanctions for attempt

Art.177 – Attempt to the crimes in this chapter shall be sanctioned by the penalty provided for the offence when it took place or by a penalty within the limits immediately inferior to the penalty provided in the law for the offences when it took place.

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:
(b) Crimes against humanity

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:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(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;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
(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;
(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(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.
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.