'Other inhumane acts - crimes against humanity' in document 'Canada: CAH and WC Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

OFFENCES WITHIN CANADA
4.
Definitions
(3) The definitions in this subsection apply in this section.
"crime against humanity" « crime contre l'humanité »
"crime against humanity" means murder, extermination, enslavement, deportation,
imprisonment, torture, sexual violence, persecution or any other inhumane act or
omission that is committed against any civilian population or any identifiable group
and that, at the time and in the place of its commission, constitutes a crime against
humanity according to customary international law or conventional international
law or by virtue of its being criminal according to the general principles of law
recognized by the community of nations, whether or not it constitutes a
contravention of the law in force at the time and in the place of its commission

OFFENCES OUTSIDE CANADA
6.
Definitions
(3) The definitions in this subsection apply in this section.
"crime against humanity" « crime contre l'humanité »
"crime against humanity" means murder, extermination, enslavement, deportation,
imprisonment, torture, sexual violence, persecution or any other inhumane act or
omission that is committed against any civilian population or any identifiable group
and that, at the time and in the place of its commission, constitutes a crime against
humanity according to customary international law or conventional international
law or by virtue of its being criminal according to the general principles of law
recognized by the community of nations, whether or not it constitutes a
contravention of the law in force at the time and in the place of its commission.

OFFENCES WITHIN CANADA

4. Definitions

(3) The definitions in this subsection apply in this section.

"crime against humanity" « crime contre l'humanité »

"crime against humanity" means murder, extermination, enslavement, deportation,
imprisonment, torture, sexual violence, persecution or any other inhumane act or
omission that is committed against any civilian population or any identifiable group
and that, at the time and in the place of its commission, constitutes a crime against
humanity according to customary international law or conventional international
law or by virtue of its being criminal according to the general principles of law
recognized by the community of nations, whether or not it constitutes a
contravention of the law in force at the time and in the place of its commission.

OFFENCES OUTSIDE CANADA


6. Definitions

(3) The definitions in this subsection apply in this section.

"crime against humanity" « crime contre l'humanité »

"crime against humanity" means murder, extermination, enslavement, deportation,
imprisonment, torture, sexual violence, persecution or any other inhumane act or
omission that is committed against any civilian population or any identifiable group
and that, at the time and in the place of its commission, constitutes a crime against
humanity according to customary international law or conventional international
law or by virtue of its being criminal according to the general principles of law
recognized by the community of nations, whether or not it constitutes a
contravention of the law in force at the time and in the place of its commission.

Crimes Against Humanity and War Crimes Act 2000

4 (3) The definitions in this subsection apply in this section.

• "crime against humanity”

«crime contre l’humanité»

“crime against humanity” means murder, extermination, enslavement, deportation,
imprisonment, torture, sexual violence, persecution or any other inhumane act or
omission that is committed against any civilian population or any identifiable group
and that, at the time and in the place of its commission, constitutes a crime against
humanity according to customary international law or conventional international
law or by virtue of its being criminal according to the general principles of law
recognized by the community of nations, whether or not it constitutes a
contravention of the law in force at the time and in the place of its commission.

Crimes Against Humanity and War Crimes Act 2000

6 (3) The definitions in this subsection apply in this section.

• “crime against humanity”

«crime contre l’humanité»

“crime against humanity” means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.

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:
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

ANALYSIS

This provision is wider than the ICC Statute.

 

The CAHWCA 2000 provides Canadian courts with jurisdiction over crimes against humanity that are not contained in the Rome Statute, but are instead found in customary international law, either when the CAHWCA was passed or in the future, if new crimes against humanity crystallise.