'Rape - crimes against humanity' in document 'Fiji - Crimes decree 2009'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—rape

88.— (1) A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator sexually penetrates another person without the consent of that person ; and
(b) the perpetrator knows of, or is reckless as to, the lack of consent ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—rape

88.— (2) A person (the perpetrator) commits an indictable offence if—

(a) the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the other person ; and
(b) the perpetrator knows of, or is reckless as to, the lack of consent ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

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:
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity