PART I – PRELIMINARY

2. Interpretation

In this Act –

“crime against humanity” has the same meaning as in the Statute and in Part I of the Schedule

PART I – PRELIMINARY

2. Interpretation

In this Act –

“international crime” means the crime of genocide, a crime against humanity, or a war crime, and includes an ancillary offence

PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

4. International crimes

(1) Notwithstanding any other enactment, any person who commits –
(a) a crime against humanity;
(b) genocide; or
(c) a war crime,
shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 45 years .
(2) Any person who –
(a) directly and publicly incites others to commit genocide; or
(b) contributes to the commission or attempted commission of an international crime by a group of persons acting with a common purpose, where such contribution is intentional and is either –
(i) made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the International Criminal Court; or
(ii) made in the knowledge of the intention of the group to commit the crime ,
shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 45 years.

SCHEDULE
[Section 2]

PART I
CRIME AGAINST HUMANITY

1. “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) deportation or forcible transfer of population;
(b) enforced disappearance of persons;
(c) enslavement;
(d) extermination;
(e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) murder;
(g) persecution against any identifiable group or collectively on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognised as impermissible under international law in connection with any act referred to in this paragraph or any crime within the jurisdiction of the International Criminal Court;
(h) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity ;
(i) the crime of apartheid;
(j) torture;
(k) any other inhumane act 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 –
“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 organisational policy to commit the attack;
“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;
“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;.
“enslavement” means the exercise of any power attaching to the right of ownership over a person and includes the exercise of that power in the course of trafficking in persons, in particular women and children;
“extermination” includes the intentional infliction of conditions of life, such as the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population ;
“forced pregnancy” means, subject to the domestic law of a State relating to pregnancy, 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 ;
“persecution” means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
“the crime of apartheid” means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalised 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 ;
“torture” means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in one’s custody or under one’s control but shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.

3. For the purposes of paragraphs 1 and 2, “gender” refers to both sexes, male and
female, within the context of society and does not indicate any different meaning .

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.