Mauritius

International Criminal Court Act 2011

SCHEDULE
[Section 2]

PART I
CRIME AGAINST HUMANITY

1. “Crime against humanity” means any of the following acts when committed as part of a
widespread or systematic attack directed against any civilian population, with knowledge of the attack –
(a) deportation or forcible transfer of population;
(b) enforced disappearance of persons;
(c) enslavement;
(d) extermination;
(e) imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) murder;
(g) persecution against any identifiable group or collectively on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognised as impermissible under international law in connection with any act referred to in this paragraph or any crime within the jurisdiction of the International Criminal Court;
(h) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence of comparable gravity ;
(i) the crime of apartheid;
(j) torture;
(k) any other inhumane act of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health .

2. For the purpose of paragraph 1 –
“attack directed against any civilian population” means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organisational policy to commit the attack;
“deportation or forcible transfer of population” means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
“enforced disappearance of persons” means the 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;.
“enslavement” means the exercise of any power attaching to the right of ownership over a person and includes the exercise of that power in the course of trafficking in persons, in particular women and children;
“extermination” includes the intentional infliction of conditions of life, such as the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population ;
“forced pregnancy” means, subject to the domestic law of a State relating to pregnancy, the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law ;
“persecution” means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
“the crime of apartheid” means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime ;
“torture” means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in one’s custody or under one’s control but shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions.

3. For the purposes of paragraphs 1 and 2, “gender” refers to both sexes, male and
female, within the context of society and does not indicate any different meaning .

Keywords

Crimes against humanity



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