ne, wherever that person may be in the world and regardless of any linkage to the State in question. Other grounds States may wish to consider include jurisdiction based on the victim's status.
For example, the Canadian Crimes Against Humanity Act states that persons alleged to have committed, outside of Canada, offences of genocide, crimes against humanity, war crimes or breach of a commander's responsibility may be prosecuted for these offences if:
(a) at the time the offence is alleged to be committed,
(i) the person was a Canadian citizen or was employed by Canada in a civilian or military capacity,
(ii) the person was a citizen of a State that was engaged in an armed conflict against Canada, or was employed in a civilian or military capacity by such a State,
(iii) the victim of the alleged offence was a Canadian citizen, or
(iv) the victim of the alleged offence was a citizen of a State that was allied with Canada in an armed conflict; or
(b) at the time the offence is alleged to have been committed, Canada could, in conformity with international law, exercise jurisdiction over the person with respect to the offence on the basis of the person's presence in Canada and, after that time, the person is present in Canada."
4.3 Crimes listed under the Statute
It is prudent for a State Party to ensure that its national law incorporates definitions of the crimes that reflect the Statute's provisions in their entirety because the Statute has refined international criminal law with respect to the definitions of the offences in some instances. These definitions were adopted by 120 States participating in the Rome Conference. Therefore, they represent the views of the majority of States, in terms of the current state of international criminal law. They are based on existing treaty and customary law proscriptions, and take into account the jurisprudence of the ICTY/R. Therefore, all States that incorporate these definitions into their national laws are indicating their strong support for international norms and standards.
Genocide
Description
Genocide is the "crime of all crimes". It can be considered as the most serious of all crimes against humanity. The Rome Statute has adopted word for word the definition of genocide established by the 1948 Convention for the Prevention and Repression of the Crime of Genocide. The definition of this crime is based on three components:
1) commission of one or more of the five following acts:
- murder;
- causing serious physical or mental harm;
- deliberately inflicting conditions of life calculated to bring about physical destruction in whole or in part;
- imposing measures intended to prevent births;
- forcibly transferring children of the group to another group.
2) targeting a national, ethnic, racial or religious group, as such.
3) intent to destroy the group, in whole or in part. The requirement of guilty intent is very high. The person must be shown to have acted with the intent to destroy a group. Genocide cannot be committed by negligence. The term "in whole or in part" signifies that an isolated act of racist violence does not constitute genocide. There must be an intent to eliminate large numbers of the group, although not necessarily to completely destroy the group.
Complementarity Requirements
It would be prudent for States Parties to the Rome Statute to incorporate the offence of genocide as defined by the Statute into their national law. States that have ratified the Convention on the Prevention and Punishment of the Crime of Genocide have already undertaken to enact the necessary legislation to give effect to the provisions of this convention and to provide effective penalties for persons guil
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