'Intent to destroy, in whole or in part, a national, ethnical, racial or religious group' in document 'Netherlands: International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

ยง 2. Crimes
Section 3
1. Anyone who,: with intent to wholly or partly destroy, , any national, ethnic or religious group or a group belonging to a particular race, as such:

RELEVANT ROME STATUTE PROVISIONS

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.

ANALYSIS

This provision follows the ICC Statute.

 

The International Crimes Act 2003 refers to 'a group belonging to a particular race' instead of a 'racial group', referred to in the Rome Statute. The wording implies that the crime can be committed against part of a particlar racial group in the Netherlands. However, this is unlikely to have practical significance since both the International Crimes Act and the Rome Statute provide that the act can be committed against one of the relevant groups in whole or in part.