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OFFENCES WITHIN CANADA
Genocide, etc., committed in Canada
4. (1) Every person is guilty of an indictable offence who commits
(b) a crime against humanity
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.
Genocide, etc., committed outside Canada
(1) Every person who, either before or after the coming into force of this section,
commits outside Canada
(b) a crime against humanity
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 OUTSIDE CANADA
6.
Interpretation -- crimes against humanity
(5) For greater certainty, the offence of crime against humanity was part of
customary international law or was criminal according to the general principles of law
recognized by the community of nations before the coming into force of either of the
following:
(a) the Agreement for the prosecution and punishment of the major war criminals
of the European Axis, signed at London on August 8, 1945; and
(b) the Proclamation by the Supreme Commander for the Allied Powers, dated
January 19, 1946.
OFFENCES WITHIN CANADA
Genocide, etc., committed in Canada
4.
(1) Every person is guilty of an indictable offence who commits
(b) a crime against humanity;
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. Genocide, etc., committed outside Canada
(1) Every person who, either before or after the coming into force of this section,
commits outside Canada
(b) a crime against humanity,
is guilty of an indictable offence and may be prosecuted for that offence in accordance
with section 8.
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 OUTSIDE CANADA
6. Interpretation -- crimes against humanity
(5) For greater certainty, the offence of crime against humanity was part of
customary international law or was criminal according to the general principles of law
recognized by the community of nations before the coming into force of either of the
following:
(a) the Agreement for the prosecution and punishment of the major war criminals
of the European Axis, signed at London on August 8, 1945; and
(b) the Proclamation by the Supreme Commander for the Allied Powers, dated
January 19, 1946.
Crimes Against Humanity and War Crimes Act 2000
4. (1) Every person is guilty of an indictable offence who commits
...
(b) a crime against humanity; or
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. (1) Every person who, either before or after the coming into force of this section,
commits outside Canada
(b) a crime against humanity, or
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.
Crimes Against Humanity and War Crimes Act 2000
6 (5) For greater certainty, the offence of crime against humanity was part of customary international law or was criminal according to the general principles of law recognized by the community of nations before the coming into force of either of the following:
(a) the Agreement for the prosecution and punishment of the major war criminals of the European Axis, signed at London on August 8, 1945; and
(b) the Proclamation by the Supreme Commander for the Allied Powers, dated January 19, 1946.
Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(b) Crimes against humanity
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:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
(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;
(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
3. For the purpose of this Statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.