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.
"genocide" « génocide »
"genocide" means an act or omission committed with intent to destroy, in whole or in
part, an identifiable group of persons, as such, that, at the time and in the place of
its commission, constitutes genocide 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.
"war crime" « crime de guerre »
"war crime" means an act or omission committed during an armed conflict that, at the
time and in the place of its commission, constitutes a war crime according to
customary international law or conventional international law applicable to armed
conflicts, 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
7.
Application before coming into force
*(5) Where an act or omission constituting an offence under this section occurred
before the coming into force of this section, subparagraphs (1)(a)(ii) and (2)(a)(ii) apply
to the extent that, at the time and in the place of the act or omission, the act or
omission constituted a contravention of customary international law or conventional
international law or was criminal according to the general principles of law recognized
by the community of nations, whether or not it constituted a contravention of the law in
force at the time and in the place of its commission.
*[Note: Section 7 in force October 23, 2000, see SI/2000-95.]

OFFENCES WITHIN CANADA

4. Definitions

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

"war crime" « crime de guerre »

"war crime" means an act or omission committed during an armed conflict that, at the
time and in the place of its commission, constitutes a war crime according to
customary international law or conventional international law applicable to armed
conflicts, whether or not it constitutes a contravention of the law in force at the time
and in the place of its commission.

OFFENCES OUTSIDE OF CANADA


7. Application before coming into force

(5) Where an act or omission constituting an offence under this section occurred
before the coming into force of this section, subparagraphs (1)(a)(ii) and (2)(a)(ii) apply
to the extent that, at the time and in the place of the act or omission, the act or
omission constituted a contravention of customary international law or conventional
international law or was criminal according to the general principles of law recognized
by the community of nations, whether or not it constituted a contravention of the law in
force at the time and in the place of its commission.
*[Note: Section 7 in force October 23, 2000, see SI/2000-95.]

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.

• “genocide”

«génocide»

“genocide” means an act or omission committed with intent to destroy, in whole or in
part, an identifiable group of persons, as such, that, at the time and in the place of
its commission, constitutes genocide 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.

• “war crime”

«crime de guerre»

“war crime” means an act or omission committed during an armed conflict that, at the
time and in the place of its commission, constitutes a war crime according to
customary international law or conventional international law applicable to armed
conflicts, 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

7 (5) Where an act or omission constituting an offence under this section occurred before the coming into force of this section, subparagraphs (1)(a)(ii) and (2)(a)(ii) apply to the extent that, at the time and in the place of the act or omission, the act or omission constituted a contravention of customary international law or conventional international law or was criminal according to the general principles of law recognized by the community of nations, whether or not it constituted a contravention of the law in force at the time and in the place of its commission.

Article 22
Nullum crimen sine lege
1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.

This provision is wider than the ICC Statute.

The CAHWCA 2000 requires that the crime of which the accused is charged "constituted a contravention of cusomary international law or conventional internaitonal law or was criminal according to the general principles of law recognized by the commity of nations, whether or not it constituted a contravention of the law in force at teh time and in the place of its commission". This is wider than Article 22 of the Rome Statute, which provides that a defendant may only be convicted by the ICC for conduct which was a crime under the Rome Statute when the conduct took place.