I. General Provisions
Article 3
Competence of the International Criminal Court and International Tribunals
(1) The International Criminal Court, pursuant to the provisions of the Rome Statute relative to the exercise of its jurisdiction, is competent for the prosecution and punishment of persons responsible for crimes within the meaning of articles 5(1) (a) to (c), 6 to 8, and 25 of the Rome Statute (genocide, crimes against humanity and war crimes) committed after the entry into force of the Statute (articles 10 to 13 of the Statute).
§ 321a^474
Crimes against humanity
1) Any person who, as part of a widespread or systematic attack directed against a civilian population,
1. kills another person (§ 75), or
2. with the purpose of destroying a population in whole or in part, subjects this population or parts thereof to conditions of life capable of causing their destruction in whole or in part,
shall be punished with imprisonment for life.
2) Any person who, as part of an attack described in paragraph 1, commits slavery (§ 104) shall be punished with imprisonment of ten to twenty years or for life, however, if the act results in the death of another person, the punishment shall be imprisonment for life.
3) Any person who, as part of an attack described in paragraph
1,
1. engages in trafficking in humans (§ 104a),
2. in violation of international law, deports or forcibly transfers the population from the area in which it is lawfully present to another area,
3. inflicts severe physical or mental pain or suffering upon a person who is in his custody or otherwise under his control, provided that such pain or suffering does not arise only from, is not only inherent in or incidental to, a lawful sanction,
4. rapes (§ 200) or sexually assaults (§ 201) another person, coerces another person into prostitution (§ 106 paragraph 1 sub- paragraph 3), deprives another person of his or her fertility (§ 85 paragraph 1), or, with the purpose of affecting the ethnic composition of a population or committing other grave violations of international law, confines a woman made pregnant by use of force, or
5. makes a person disappear (§ 312b),
shall be punished with imprisonment of five to fifteen years, but if the act results in the death of a person, the penalty shall be imprisonment of ten to twenty years or for life.
4) Any person who, as part of an attack described in paragraph
1,
1. causes serious bodily harm (§ 84 paragraph 1) to another person,
2. in violation of international law deprives another person of his or her personal liberty in a serious manner, or
3. prosecutes an identifiable group or collectivity by depriving or significantly restricting such group’s or such collectivity’s fundamental human rights on political, racial, national, ethnic, cultural or religious grounds, on gender grounds or on other grounds recognised as impermissible under international law,
shall be punished with imprisonment of one to ten years, but if the act results in the death of a person or if the act is committed with the purpose of maintaining an institutionalised regime of systematic oppression and domination by one racial group over another shall be punished with imprisonment of five to fifteen years.
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.