'Gender' 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:

(g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity.

Chapter 5
Miscellaneous

Schedule 1
Crimes

Part 2
Crimes against Humanity

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

(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.

Chapter 5
Miscellaneous

Schedule 1
Crimes

Part 2
Crimes against Humanity

3. 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.

Chapter 5
Miscellaneous

Schedule 1
Crimes

Part 3
War Crimes

'War crimes' mean any of the following:

(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following conduct:

(xxii) committing rape, sexual slavery, enforced prostitution, forced pregnancy as defined in paragraph (f) of item 2 of Part 2, enforced sterilisation, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions.

Chapter 5
Miscellaneous

Schedule 1
Crimes

Part 3
War Crimes

'War crimes' mean any of the following:

(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following conduct:

(vi) committing rape, sexual slavery, enforced prostitution, forced pregnancy as defined in paragraph (f) of item 2 of Part 2, enforced sterilisation and any other form of sexual violence also constituting a serious violation of Article 3 common to the four Geneva Conventions.

Schedule 1
CRIMES

(Sections 1 (vii) and 4 (1))

PART 2
CRIMES AGAINST HUMANITY

3. 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.

RELEVANT ROME STATUTE PROVISIONS

Article 7
Crimes against humanity
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.