'Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part' in document 'UK ICC Act 2001'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SCHEDULES

Schedule 8 Genocide, Crimes against Humanity and War Crimes: Articles 6 to 9

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:

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

RELEVANT ROME STATUTE PROVISIONS

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:
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part

ANALYSIS

This provision follows the ICC Statute.

 

The UK incorporates this crime in the form that it is set out in the Rome Statute, as the respective statutory provisions transpose the offence, along with its elements, as set out in the Elements of Crimes, into national law. As the UK courts must take into account decisions of the ICC (see ICC Act 2001 Section 50(5) and ICC (Scotland) Act 2001 Section 9(4)) it is likely that the interpretation of the crime will be the same as that of the ICC.