Persecution against any identifiable group on political, racial, national, ethnic, cultural, religious, or gender grounds - crimes against humanity

Spain

Criminal Code 1995 (2013)

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XXIV
Crimes against the International Community

CHAPTER II BIS
On crimes against humanity

Article 607 bis

1. Conviction for crimes against humanity shall befall whoever commits the acts foreseen in the following Section as part of a widespread or systematic attack on the civil population or against part thereof.

In all cases, committing such acts shall be deemed a crime against humanity when :

1. Due to the victim pertaining to a group or community persecuted for political, racial, national, ethnic, cultural, religious or another kind of reasons, disability, or other motives universally recognised as unacceptable under International Law ;

Provisions of the Spanish Criminal Code Concerning International Crimes. Integrated Text Containing the Amendments Introduced by the Ley Organica 15/2003 Implementing the Statute of the International Criminal Court 2003

TITLE XXIV
Offences against the International Community

CHAPTER II BIS
Crimes against humanity

Article 607 bis
1. Those who commit the offences set out below as part of a generalized or systematic attack against the whole or part of the civilian population shall be guilty of crimes against humanity.
In any event, the commission of such offences shall be considered to be crimes against humanity:
1st. Where they take place because of membership of any identifiable group or collectivity on political, racial national, ethnic, cultural, religious, gender or other grounds universally recognized as impermissible under international law.

Rome Statute

Article 7 Crimes against humanity

1. For the purpose of this Statute, ‘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:

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

2. For the purpose of paragraph 1:

(g) ‘Persecution’ means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

3. For the purpose of this Statute, it is understood that the term ‘gender’ refers to the two sexes, male and female, within the context of society. The term ‘gender’ does not indicate any meaning different from the above.