Section 17p. 17

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

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.

ARTICLE 8

War crimes

1. The Court shall have jurisdiction in respect of war

crimes in particular when committed as part of a plan or

policy or as part of a large-scale commission of such

crimes.

2. For the purpose of this Statute, "war crimes" means:

(a) Grave breaches of the Geneva Conventions of 12

August 1949, namely, any of the following acts against

persons or property protected under the provisions of the

relevant Geneva Convention:

(i) Wilful killing;

(ii) Torture or inhuman treatment, including biological

experiments;

(iii) Wilfully causing great suffering, or serious injury to

body or health;

(iv) Extensive destruction and appropriation of property,

not

justified

by

military

necessity

and

carried

out

unlawfully and wantonly;

(v) Compelling a prisoner of war or other protected

person to serve in the forces of a hostile Power;

(vi) Wilfully depriving a prisoner of war or other protected

person of the rights of fair and regular trial;

(vii)

Unlawful

deportation

or

transfer

or

unlawful

confinement;

(viii) Taking of hostages.

(b) Other serious violations of the laws and customs

applicable in international armed conflict, within the

established framework of international law, namely, any

of the following acts:

(i)

Intentionally

directing attacks against the civilian

population as such or against individual civilians not

taking direct part in hostilities;

(ii) Intentionally directing attacks against civilian objects,

that is, objects which are not military objectives;

(iii)

Intentionally

directing

attacks against personnel,

installations, material, units or vehicles involved in a

humanitarian

assistance

or peacekeeping mission in

accordance with the Charter of the United Nations, as

long as they are entitled to the protection given to

civilians or civilian objects under the international law of

armed conflict;

(iv) Intentionally launching an attack in the knowledge

that such attack will cause incidental loss of life or injury

to civilians or damage to civilian objects or widespread,

long-term

and

severe

damage

to

the

natural

environment which would be clearly excessive in relation

to the concrete and direct overall military advantage

anticipated;

(v) Attacking or bombarding, by whatever means, towns,

villages, dwellings or buildings which are undefended

and which are not military objectives;

(vi) Killing or wounding a combatant who, having laid

down his arms or having no longer means of defence, has

surrendered at discretion;

(vii) Making improper use of a flag of truce, of the flag or

of the military insignia and uniform of the enemy or of

the United Nations, as well as of the distinctive emblems

of the Geneva Conventions, resulting in death or serious

personal injury;

(viii) The transfer, directly or indirectly, by the Occupying

Power of parts of its own civilian population into the

territory it occupies, or the deportation or transfer of all or

parts of the population of the occupied territory within or

outside this territory;

(ix)

Intentionally

directing

attacks

against

buildings

dedicated to religion, education, art, science or charitable

purposes,

historic

monuments,

hospitals

and

places

where the sick and wounded are collected, provided they

are not military objectives;

(x) Subjecting persons who are in the power of an adverse

party to physical mutilation or to medical or scientific

experiments of any kind which are neither justified by the

medical, dental or hospital treatment of the person

concerned nor carried out in his or her interest, and

which cause death to or seriously endanger the health of

such person or persons;

© Compiled by RGL

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