'Forced pregnancy - 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—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—forced pregnancy

91.— (2) In sub-section (1)—
“forcibly made pregnant” includes made pregnant by a consent that was affected by deception or by natural, induced or age-related incapacity.

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

2. For the purpose of paragraph 1:
(f) ‘Forced pregnancy’ means 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. This
definition shall not in any way be interpreted as affecting national laws
relating to pregnancy;