'Omission' 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.
"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
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.
"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 AGAINST THE ADMINISTRATION OF JUSTICE
Retaliation against witnesses -- outside Canada
26. (1) Every person who, being a Canadian citizen, commits outside Canada an
act or omission against a person or a member of the person's family in retaliation for
the person having given testimony before the International Criminal Court, that if
committed in Canada would be an offence under any of sections 235, 236, 264.1, 266
to 269, 271 to 273, 279 to 283, 430, 433 and 434 of the Criminal Code, is deemed to
have committed that act or omission in Canada.

Retaliation against witnesses -- outside Canada
(2) Every person who, being a Canadian citizen, commits outside Canada an act
or omission that if committed in Canada would constitute conspiring or attempting to
commit, being an accessory after the fact in relation to, or counselling in relation to, an
act or omission that is an offence under subsection (1) is deemed to have committed
that act or omission in Canada.

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 AGAINST THE ADMINISTRATION OF JUSTICE


26. Retaliation against witnesses -- outside Canada

(1) Every person who, being a Canadian citizen, commits outside Canada an
act or omission against a person or a member of the person's family in retaliation for
the person having given testimony before the International Criminal Court, that if
committed in Canada would be an offence under any of sections 235, 236, 264.1, 266
to 269, 271 to 273, 279 to 283, 430, 433 and 434 of the Criminal Code, is deemed to
have committed that act or omission in Canada.


26. Retaliation against witnesses -- outside Canada

(2) Every person who, being a Canadian citizen, commits outside Canada an act
or omission that if committed in Canada would constitute conspiring or attempting to
commit, being an accessory after the fact in relation to, or counselling in relation to, an
act or omission that is an offence under subsection (1) is deemed to have committed
that act or omission in Canada.

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

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.

•“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

25 (1) Every person who, being a Canadian citizen, commits outside Canada an act or omission in relation to the International Criminal Court that if committed in Canada would be an offence under any of sections 16 to, 23, or would be contempt of court by virtue of section 9 of the, Criminal Code, is deemed to have committed that act or omission in Canada.