'Outrages upon personal dignity - IAC' in document 'Netherlands: International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

§ 2. Crimes
Section 5
2. Anyone who commits, in the case of an international armed conflict, one of the grave breaches of the Additional Protocol (I), concluded in Bern on 12 December 1977, to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts (Netherlands Treaty Series 1980, 87), namely:
(d) the following acts if committed intentionally and in violation of the Geneva Conventions and Additional Protocol (I):
(iii) practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination;

§ 2. Crimes
Section 5
5. Anyone who, in the case of an international armed conflict, commits one of the following acts:
(j) committing outrages upon personal dignity, in particular humiliating and degrading treatment;
shall be liable to a term of imprisonment not exceeding fifteen years or a fifth category fine.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment

ANALYSIS

This provision follows the ICC Statute.

 

The International Crimes Act 2003 has two provisions dealing with outrages upon personal dignity (Section 5(2)(d)(iii) and 5(5)(j)). The latter adopts the wording of the Rome Statute. The former refers to outrages upon personal dignity in the context of international armed conflict, specifically degrading practices based on racial discrimination and apartheid, reflecting the wording of Article 85(4) of Additional Protocol I. The Rome Statute's provision may be seen as broader than the latter provision in that it criminalises all kinds of outrages upon personal dignity, not only those related to racial discrimination. However, the difference may be overcome by the inclusion also of Artilce 5(5)(j).