Chapter II
Crimes

Section I
Crime of genocide and crimes against humanity

Article 9
Crimes against humanity

Anyone who commits any of the following acts as part of a widespread or systematic attack directed against any civilian population:

(a) Murder;
(b) Extermination, which means the infliction on the whole or part of a population of harsh conditions of life, such as deprivation of access to food or medicine, calculated to bring about the death of one or more persons;
(c) Slavery, as defined in article 159 of the Criminal Code;
(d) Deportation or forcible transfer of a population, which means the unlawful displacement of one or more persons to another State or locally by expulsion or any other coercive act;
(e) Imprisonment or other severe deprivation of a person’s physical liberty in violation of the norms or principles of international law;
(f) Torture, which means the infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the perpetrator;

(g) Using force, the threat of force or another form of coercion, or taking advantage of a coercive environment or the victim’s lack of decision-making capacity:

(i) To cause the penetration, however slight, of any part of the body of the victim or of the perpetrator with any part of the body of the perpetrator, the victim, a third party or any object;
(ii) To coerce a person, reduced to the state or condition of slavery, to engage in sexual acts;
(iii) To coerce a person to engage in prostitution;
(iv) Forcibly to make a woman pregnant, with the intent of affecting the ethnic composition of a population;
(v) To deprive a person of biological reproductive capacity;
(vi) To inflict some other form of sexual violence of comparable gravity;

(h) Persecution, which means deprivation of a group or collectivity of fundamental rights, contrary to international law, such group or collectivity being identifiable on political, racial, national, ethnic. cultural, religious, gender or other grounds that are generally recognised as impermissible under international law;
(i) Enforced disappearance of persons, which means arrest, detention or abduction of persons by, or with the authorisation, support or acquiescence of, a State or a political organisation, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time;
(j) Apartheid, which means any inhumane act committed in the context of an institutionalized regime of systematic oppression and domination bpy one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(l) Inhumane acts of a similar character intentionally causing great suffering or serious injury or affecting mental or physical health;

shall be punished with a term of imprisonment of 12 to 25 years.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.