Fiji

Crimes Decree 2009 (decree No. 44 of 2009)

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—persecution

94.— (1) A person (the perpetrator) commits an indictable offence if —

(a) the perpetrator severely deprives one or more persons of any of the rights referred to in paragraph (b) ; and
(b) the rights are those guaranteed in articles 6, 7, 8 and 9, paragraph 2 of article 14, article 18, paragraph 2 of article 20, paragraph 2 of article 23 and article 27 of the Covenant ; and
(c) the perpetrator targets the person or persons by reason of the identity of a group or collectivity or targets the group or collectivity as such ; and
(d) the grounds on which the targeting is based are political, racial, national, ethnic, cultural, religious, gender or other grounds that are recognised in paragraph 1 of article 2 of the Covenant ; and
(e) the perpetrator’s conduct is committed in connection with another act that is :
(i) a proscribed inhumane ac ; or
(ii) genocide ; and
(f) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty — Imprisonment for 17 years.

Keywords

National penalties - crimes against humanity
National penalties - maximum penalty



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