SPECIAL PART
CHAPTER XIII
CRIMES AGAINST HUMANITY
Crimes Against Humanity
Section 143
(1) Any persons who - being part of a widespread or systematic practice:
a) commits murder;
b) forces the civilian population, in part or in whole, to live under conditions threatening the
demise of that population or certain members thereof;
c) orders the displacement of the civilian population, in part or in whole, from their rightful
place of residence;
d) engages in the trafficking in human beings or in exploitation in the form of forced labor;
e) deprives another person of his personal freedom, or unlawfully maintains his abduction;
f) forces another person to commit or tolerate sexual violence, forces others into prostitution or
to bear a child, or into illegal abortion;
g) causes serious bodily or mental injury to others;
h) deprives other persons of their basic rights for reasons of their affiliation with a group on the
grounds of political opinion, nationality, ethnic origin, culture, religion, sex or any other reason; is guilty of a felony punishable by imprisonment between ten to twenty years or with life imprisonment.
(2) Any person who engages in preparations for crimes against humanity is guilty of a felony punishable by imprisonment between two to eight years.
(3) In the application of this Section widespread or systematic assault on the civilian population shall include all conduct which covers the acts defined under Subsection (1) committed systematically against the civilian population aiming to implement or facilitate the policies of a State or organization.
SPECIAL PART
CHAPTER XIII
CRIMES AGAINST HUMANITY
Apartheid
Section 144
(1) Any person who - with the aim to establish dominion and maintain rule of a racial group of people over another racial group of people and/or with the aim of the systematic oppression of the other racial group:
a) murders the members of a racial group or groups;
b) forces a racial group or groups to live under conditions threatening the physical annihilation
of the group or groups on the whole or to any extent; is guilty of a felony punishable by imprisonment between ten to twenty years or with life imprisonment.
(2) Any person who commits another crime of apartheid is punishable by imprisonment between five to fifteen years.
(3) The penalty shall be imprisonment between ten to twenty years, or life imprisonment, if the other crime of apartheid leads to particularly grave consequences.
(4) Any person who engages in preparations for apartheid is punishable:
a) by imprisonment between five to ten years in the cases defined in Subsection (1);
b) by imprisonment between two to eight years in the case defined in Subsection (2).
(5) For the purposes of Subsections (2)-(3), ‘other apartheid crime’ shall mean the crimes of apartheid defined in Article II a)/(ii), a)/(iii), c), d), e), and f) of the International Convention on the Suppression and Punishment of the Crime of Apartheid adopted on 30 November 1973 by the General Assembly of the United Nations Organization in New York, promulgated by LawDecree No. 27 of 1976.
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(b) 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:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(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;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts 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:
(a) ‘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 organizational policy to commit such attack;
(b) ‘Extermination’ includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
(c) ‘Enslavement’ means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) ‘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;
(e) ‘Torture’ means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
(f) ‘Forced pregnancy’ means 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. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
(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;
(h) ‘The crime of apartheid’ means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized 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;
(i) ‘Enforced disappearance of persons’ means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, 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.
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.