PART II – OFFENCES AND JURISDICTION OF COURTS OF MARITIUS

4. International crimes

(2) Any person who –

(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 –

PART II – OFFENCES AND JURISDICTION OF COURTS OF MARITIUS

4. International crimes

(2) Any person who –

(b)

(ii) made in the knowledge of the intention of the group to commit the crime

PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS

5. Responsibility of commanders and superiors

(1)

(a) he knew, or owing to the circumstances at the time, should have known that the forces were committing or about to commit the offence

PART II – OFFENCES AND JURISDICTION OF COURTS OF MARITIUS

5. Responsibility of commanders and superiors

(2)

(a) he knew, or consciously disregarded information which clearly indicated, that his subordinates were committing or about to commit the offence

PART II – OFFENCES AND JURISDICTION OF COURTS OF MARITIUS

6. Official capacity and superior’s orders

(2) (a)

(ii) the person did not know that the order was unlawful

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 –

SCHEDULE
[Section 2]

PART I
CRIME AGAINST HUMANITY

1.

(k) any other inhumane act of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health

SCHEDULE
[Section 2]

PART I
CRIME AGAINST HUMANITY

2. For the purpose of paragraph 1 –

“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

SCHEDULE
[Section 2]

PART I
CRIME AGAINST HUMANITY

2. For the purpose of paragraph 1 –

“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 ;

SCHEDULE
[Section 2]

PART I
CRIME AGAINST HUMANITY

2. For the purpose of paragraph 1 –

“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 ;

SCHEDULE
[Section 2]

PART II
GENOCIDE

“genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, by –

SCHEDULE
[Section 2]

PART III
WAR CRIME

"War crime" means -

(b)
(xiii) intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments,

hospitals and places where the sick and wounded are collected, provided they are not military objectives

SCHEDULE
[Section 2]

PART III
WAR CRIME

"War crime" means -

(b)
(xvii) intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities

SCHEDULE
[Section 2]

PART III
WAR CRIME

"War crime" means -

(b)
(xviii) intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated ;

SCHEDULE
[Section 2]

PART III
WAR CRIME

"War crime" means -

(b)
(xix) intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions ;

SCHEDULE
[Section 2]

PART III
WAR CRIME

"War crime" means -

(d)
(iv) intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(v) intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(vi) intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(vii) intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
(viii) intentionally directing attacks against the civilian population as such or
against individual civilians not taking direct part in hostilities ;

Article 30
Mental element
1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
2. For the purposes of this article, a person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.