CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—murder

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

(a) the perpetrator causes the death of one or more persons ; and
(b) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—extermination

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

(a) the perpetrator causes the death of one or more persons ; and
(b) the perpetrator’s conduct constitutes, or takes place as part of, a mass killing of members of a civilian population ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—enslavement

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

(a) the perpetrator exercises any or all of the powers attaching to the right of ownership over one or more persons (including the exercise of a power in the course of trafficking in persons,in particular women and children) ; and
(b) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—deportation or forcible transfer of population

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

(a) the perpetrator forcibly displaces one or more persons, by expulsion or other coercive acts, from an area in which the person or persons are lawfully present to another country or location ; and
(b) the forcible displacement is contrary to paragraph 4 of article 12 or article 13 of the Covenant ; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the lawfulness of the presence of the person or persons in the area ; and
(d) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—imprisonment or other severe deprivation of physical liberty

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

(a) the perpetrator imprisons one or more persons or otherwise severely deprives one or more persons of physical liberty ; and
(b) the perpetrator’s conduct violates article 9, 14 or 15 of the Covenant ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—torture

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

(a) the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons who are in the custody or under the control of the perpetrator ; and
(b) the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—rape

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

(a) the perpetrator sexually penetrates another person without the consent of that person ; and
(b) the perpetrator knows of, or is reckless as to, the lack of consent ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—sexual slavery

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

(a) the perpetrator causes another person to enter into or remain in sexual slavery ; and
(b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—enforced prostitution

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

(a) the perpetrator causes one or more persons to engage in one or more acts of a sexual nature without the consent of the person or persons, including by being reckless as to whether there is consent ; and
(b) the perpetrator intends that he or she, or another person, will obtain pecuniary or other advantage in exchange for, or in connection with, the acts of a sexual nature ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—forced pregnancy

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

(a) the perpetrator unlawfully confines one or more women forcibly made pregnant ; and
(b) the perpetrator intends to affect the ethnic composition of any population or to destroy, wholly or partly, a national, ethnical, racial or religious group, as such ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—enforced sterilisation

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

(a) the perpetrator deprives one or more persons of biological reproductive capacity ; and
(b) the deprivation is not effected by a birth-control measure that has a non-permanent effect in practice ; and
(c) the perpetrator’s conduct is neither justified by the medical or hospital treatment of the person or persons nor carried out with the consent of the person or persons ; and
(d) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—sexual violence

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

(a) the perpetrator does either of the following—
(i) commits an act or acts of a sexual nature against one or more persons;
(ii) causes one or more persons to engage in an act or acts of a sexual nature ;
without the consent of the person or persons, including by being reckless as to whether there is consent ; and

(b) the perpetrator’s conduct is of a gravity comparable to the offences referred to in sections 88 to 92 ; and

(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

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.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—enforced disappearance of persons

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

(a) the perpetrator arrests, detains or abducts one or more persons ; and
(b) the arrest, detention or abduction is carried out by, or with the authorisation, support or acquiescence of, the government of a country or a political organisation ; and
(c) the perpetrator intends to remove the person or persons from the protection of the law for a prolonged period of time ; and
(d) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population ; and
(e) after the arrest, detention or abduction, the government or organisation refuses to acknowledge the deprivation of freedom of, or to give information on the fate or whereabouts of, the person or persons.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—apartheid

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

(a) the perpetrator commits against one or more persons an act that is a proscribed inhumane act, or an act that is of a nature and gravity similar to any such proscribed inhumane act ; and
(b) the perpetrator’s conduct is 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
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish the character of the act ; and
(d) the perpetrator intends to maintain the regime by the conduct ; and
(e) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—other inhumane act

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

(a) the perpetrator causes great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act ; and
(b) the act is of a character similar to another proscribed inhumane act ; and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.