Offences within Canada

Article 4

Genocide, etc., committed in Canada

Definitions

3) The definitions in this subsection apply in this section.

“"crime against humanity" means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission. (crime contre l’humanité).

Offences within Canada

Article 4

Genocide, etc., committed in Canada

Definitions

3) The definitions in this subsection apply in this section.

“"genocide ” means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that, at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.

Offences within Canada

Article 4

Genocide, etc., committed in Canada

Definitions

3) The definitions in this subsection apply in this section.

"war crime" means an act or omission committed during an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to

customary international law or conventional international law applicable to armed

conflicts, whether or not it constitutes a contravention of the law in force at the time

and in the place of its commission.

Offences Outside Canada

Article 7

Breach of responsibility by a military commander

Application before coming into force

(5) Where an act or omission constituting an offence under this section occurred before the coming into force of this section, subparagraphs (1)(a)(ii) and (2)(a)(ii) apply to the extent that, at the time and in the place of the act or omission, the act or omission constituted a contravention of customary international law or conventional international law or was criminal according to the general principles of law recognized by the community of nations, whether or not it constituted a contravention of the law in force at the time and in the place of its commission.

Schedule B - Constitution Act, 1982 (79)

PART I - Canadian charter of rights and freedoms

Legal Rights

11. Any person charged with an offence has the right

...
g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;