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—sexual slavery

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

(a) the perpetrator causes another person to enter into or remain in sexual slavery ; and
(b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery ; 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—enforced prostitution

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

(a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent ; and
(b) the perpetrator intends that he or she, or another person, will obtain pecuniary or other advantage in exchange for, or in connection with, the acts of a sexual nature ; 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—forced pregnancy

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

(a) the perpetrator unlawfully confines one or more women forcibly made pregnant ; and
(b) the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or partly, a national, ethnical, racial or religious group, as such ; 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—enforced sterilisation

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

(a) the perpetrator deprives one or more persons of biological reproductive capacity ; and
(b) the deprivation is not effected by a birth-control measure that has a non-permanent effect in practice ; and
(c) the perpetrator’s conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons ; and
(d) 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—sexual violence

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

(a) the perpetrator does either of the following—
(i) commits an act or acts of a sexual nature against one or more persons;
(ii) causes one or more persons to engage in an act or acts of a sexual nature ;
without the consent of the person or persons, including by being reckless as to whether there is consent ; and

(b) the perpetrator’s conduct is of a gravity comparable to the offences referred to in sections 88 to 92 ; and

(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Article 7
Crimes against humanity
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.