Crimes Against Humanity and War Crimes Act 2000

4. (1) Every person is guilty of an indictable offence who commits
(a) genocide;
(b) a crime against humanity; or
(c) a war crime.

(1.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is
guilty of an indictable offence.

(2) Every person who commits an offence under subsection (1) or (1.1)

(a) shall be sentenced to imprisonment for life, if an intentional killing forms the
basis of the offence; and

(b) is liable to imprisonment for life, in any other case.

(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. This does not limit or prejudice in any way the application of existing
or developing rules of international law.

5. (1) A military commander commits an indictable offence if

(a) the military commander

(i) fails to exercise control properly over a person under their effective command and control or effective authority and control, and as a result theperson commits an offence under, section 4, or

(ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under;

(b) the military commander knows, or is criminally negligent in failing to know, that the person is about to commit or is committing such an offence; and

(c) the military commander subsequently

(i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or, 6, or

(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

(2) *(2) A superior commits an indictable offence if

(a) the superior

(i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under, section 4, or

(ii) fails, after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under; section 6;

(b) the superior knows that the person is about to commit or is committing such an offence, or consciously disregards information that clearly indicates that such an offence is about to be committed or is being committed by the person;

(c) the offence relates to activities for which the superior has effective authority
and control; and

(d) the superior subsequently

(i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or, 6, or

(ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

(2.1) Every person who conspires or attempts to commit, is an accessory after the
fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or

(2) is guilty of an indictable offence.

(3) Every person who commits an offence under subsection (1), (2) or (2.1) is
liable to imprisonment for life.

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

• "military commander”
« chef militaire »
“military commander” includes a person effectively acting as a military commander and a person who commands police with a degree of authority and control comparable to a military commander.

• “superior”
« supérieur »
“superior” means a person in authority, other than a military commander.

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.

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.

Crimes Against Humanity and War Crimes Act 2000

8. A person who is alleged to have committed an offence under section 6 or 7 may
be prosecuted for that offence if

(a) at the time the offence is alleged to have been committed,

(i) the person was a Canadian citizen or was employed by Canada in a civilian or military capacity,

(ii) the person was a citizen of a state that was engaged in an armed conflict against Canada, or was employed in a civilian or military capacity by such a state,

(iii) the victim of the alleged offence was a Canadian citizen, or

(iv) the victim of the alleged offence was a citizen of a state that was allied with
Canada in an armed conflict; or

(b) after the time the offence is alleged to have been committed, the person is present in Canada.

Crimes Against Humanity and War Crimes Act 2000

9. (1) Proceedings for an offence under this Act alleged to have been committed outside Canada for which a person may be prosecuted under this Act may, whether or not the person is in Canada, be commenced in any territorial division in Canada and the person may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division.

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.