'Torture - crimes against humanity' in document 'South Africa: Implementation of the ICC Statute'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 5
Miscellaneous

Schedule 1
Crimes

Part 2
Crimes against Humanity

1. 'A crime against humanity' means any of the following conduct when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(f) torture.

Chapter 5
Miscellaneous

Schedule 1
Crimes

Part 2
Crimes against Humanity

2. For the purpose of item 1 of this Part:

(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 arising only from, inherent in or incidental to, lawful sanctions.

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:
(f) Torture

2. For the purpose of paragraph 1:
(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;