'Enforced disappearance - 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:

(i) enforced disappearance of persons.

Chapter 5
Miscellaneous

Schedule 1
Crimes

Part 2
Crimes against Humanity

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

(i) 'enforced disappearance of persons' means the arrest, detention or abduction of persons by, or with the authorisation, support or acquiescence of a State or a political organisation, 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.

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:
(i) Enforced disappearance of persons

2. For the purpose of paragraph 1:
(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.