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 6
Offences committed outside 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.
Offences Outside Canada
Article 6
Genocide etc. committed outside 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 Outside Canada
Article 6
Genocide etc. committed outside 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 Against the Administration of Justice
Article 25
Offences against the International Criminal Court outside Canada
(1) Every person who, being a Canadian citizen, commits outside Canada an act or omission in relation to the International Criminal Court that if committed in Canada would be an offence under any of sections 16 to, 23, or would be contempt of court by virtue of section 9 of the Criminal Code, is deemed to have committed that act or omission in Canada.
Offences against the International Criminal Court outside Canada
(2) Every person who, being a Canadian citizen, commits outside Canada an act or omission that if committed in Canada would constitute conspiring or attempting to commit, being an accessory after the fact in relation to, or counselling in relation to, an act or omission that is an offence or a contempt of court under subsection (1) is deemed to have committed that act or omission in Canada.
Offences against the Administration of Justice
Article 26
(1) Every person who, being a Canadian citizen, commits outside Canada an act or omission against a person or a member of the person’s family in retaliation for the person having given testimony before the International Criminal Court, that if committed in Canada would be an offence under any of sections 235, 236, 264.1, 266 to, 269, 271 to, 273, 279 to 283, 430, 433 and 434 of the,, Criminal Code, is deemed to have committed that act or omission in Canada.
Retaliation against witnesses outside Canada
(2) Every person who, being a Canadian citizen, commits outside Canada an act or omission that if committed in Canada would constitute conspiring or attempting to commit, being an accessory after the fact in relation to, or counselling in relation to, an act or omission that is an offence under subsection (1) is deemed to have committed that act or omission in Canada.
In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:
(a) A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:
(i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and
(ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
(b) With respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:
(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and
(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.