'Genocide' in document 'Mauritius - ICC Act 2011'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART I – PRELIMINARY

2. Interpretation

In this Act –

“genocide” has the same meaning as in the Statute and in Part II 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 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 –
(a) causing serious bodily or mental harm to members of the group;
(b) deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(c) imposing measures intended to prevent births within the group;
(d) killing members of the group;
(e) forcibly transferring children of the group to another group .

RELEVANT ROME STATUTE PROVISIONS

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:
(a) The crime of genocide

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.