'Forced pregnancy - IAC' in document 'Netherlands: International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

§ 1. General provisions
Section 1
1. For the purposes of this Act:
(f) ‘forced pregnancy’ means the unlawful imprisonment of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other serious violations of international law;

§ 2. Crimes
Section 5
3. Anyone who commits, in the case of an international armed conflict, one of the following acts:
(b) forced pregnancy;
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth 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:
(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions

Article 7
Crimes against humanity
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;

ANALYSIS

This provision follows the ICC Statute.