OFFENCES WITHIN CANADA
Genocide, etc., committed in Canada
4. (1) Every person is guilty of an indictable offence who commits
(a) genocide

OFFENCES WITHIN CANADA
4.
Definitions
(3) The definitions in this subsection apply in this section.
"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.

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
(a) genocide

OFFENCES OUTSIDE CANADA
6.
Definitions
(3) The definitions in this subsection apply in this section.
"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.

OFFENCES WITHIN CANADA

Genocide, etc., committed in Canada

4.
(1) Every person is guilty of an indictable offence who commits

(a) genocide;

OFFENCES WITHIN CANADA

4. Definitions

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

"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.

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

(a) genocide,

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.

"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.

Crimes Against Humanity and War Crimes Act 2000

4. (1) Every person is guilty of an indictable offence who commits

(a) genocide;

Crimes Against Humanity and War Crimes Act 2000

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

«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.

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

(a) genocide,

Crimes Against Humanity and War Crimes Act 2000

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

• “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.

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:
(a) The crime of genocide

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.

This provision follows the ICC Statute.

 

Genocide is defined by reference to both "customary international law" and "conventional interntional law." Conventional law may be understood to refer to the Genocide convention, which has been considered customary (see, for example, Democratic Repoublic of the Congo v. Rwanda, ICJ, judgment of 3 Rebruary 2006 (Case Concerning Armed Activities on the Territory of the Congo - New Application 2002), para. 64), Bosnia and Herzegovina v. Serbia and Montenegro, ICJ, judgment of 26 February 2007 (Case Concerning the Application of the Convention on the Prevention and Punishmnet of the Crime of GEnocide), para. 161). The CAHWCA 2000 does not include the requirement, contained in the Elements of Crimes, that "the conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction." The reference to customary international law may allow the definition of the crime to develop over time in accordance with state practice and opinio juris.