'Knowledge - national proceedings' in document 'Mauritius - ICC Act 2011'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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

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 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 ;