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 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.

Interpretation -- customary international law
(4) For greater certainty, crimes described in Articles 6 and 7 and paragraph 2 of
Article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary
international law. This does not limit or prejudice in any way the application of existing
or developing rules of international law.

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.

Interpretation -- customary international law
(4) For greater certainty, crimes described in articles 6 and 7 and paragraph 2 of
article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary
international law, and may be crimes according to customary international law before
that date. This does not limit or prejudice in any way the application of existing or
developing rules of international law.

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.

"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

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.

4. Interpretation -- customary international law

(4) For greater certainty, crimes described in Articles 6 and 7 and paragraph 2 of
Article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary
international law. This does not limit or prejudice in any way the application of existing
or developing rules of international law.

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.


6. Interpretation -- customary international law

(4) For greater certainty, crimes described in articles 6 and 7 and paragraph 2 of
article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary
international law, and may be crimes according to customary international law before
that date. This does not limit or prejudice in any way the application of existing or
developing rules of international law.

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.]

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

...
"genocide” means an act or omission... 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 (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.

(4) For greater certainty, crimes described in articles 6 and 7 and paragraph 2 of article 8 of the Rome Statute are, as of July 17, 1998, crimes according to customary international law, and may be crimes according to customary international law before that date. This does not limit or prejudice in any way the application of existing or developing rules of international law.

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.

This provision is wider than the ICC Statute.

 

The CAHWCA 2000 deems the crimes under the Rome Statute to be crimes at customary international law. However, it explictly envisages the development of customary international law and makes clear that other international crimes may exist or may develop outside the Rome Statute, and these may be the subject of prosecutions in Canada.