ty of genocide.
Implementation
If States Parties to the Statute have not already incorporated genocide into their national legislation, they have several options, if they wish to be able to prosecute such crimes themselves:
a) First, they could adopt a definition taken verbatim from article 6 of the Statute, or that refers to it directly. The advantage of this method is its simplicity for the author of the implementation law and the fact that it would bring the law into concordance with the Statute's requirements.
b) Another option would be to adopt a series of independent offences connected with each of the acts listed in the Statute. For example, a State's criminal code could specify that multiple murder committed with the intent to destroy in whole or in part, a national, ethnic, racial or religious group, as such, constitutes genocide. The same could be done for the four other acts listed under article 6 of the Statute. This is a similar approach to the one that was taken by Australia with its existing War Crimes legislation.
c) States can also use existing general law offences to prosecute the authors of genocide, using offences sufficiently serious to describe the crime perpetrated. However, if some of the acts that constitute genocide do not constitute any general law offence under national law, a State Party may need to amend its criminal code and create new offences covering those acts. States Parties need to ensure that prosecution under general law offences does not shield persons from criminal responsibility for their actions.
The definition of genocide may be somewhat modified for adoption into national law, but only with the object of bestowing it with a similar or broader meaning than that provided by the Statute. For example, France indicated in its national legislation that genocide could be committed against any group. Care must be taken in this process, however, because each of the terms contained in Article 6 has a particular significance and is the result of extensive debate, both in 1948 and 1998.
Crimes against humanity
Description
Under article 7, the expression crime against humanity is employed to designate multiple acts of inhumanity committed as part of a widespread or systematic attack directed against a civilian population, in peacetime or wartime. The Rome Statute definition of crimes against humanity contains six components, some of which may differ from previous definitions of this crime:
a) Widespread or systematic attack. "Widespread" signifies a high number of victims and "systematic" refers to a high degree of organization, pursuant to a plan or policy. The presence of the word "or" means that those are not cumulative conditions. The murder of a single civilian can constitute a crime against humanity if it were committed in the course of a systematic attack.
b) Directed against a civilian population. National or other ties between the perpetrator and victim are of no import.
c) Commission of inhumane acts. The Statute lists the acts that could constitute crimes against humanity in the context of such an attack:
- murder
- extermination
- enslavement
- deportation or forcible transfer of a population;
- imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
- torture;
- rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
- persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other universally recognized grounds;
- enforced disappearance of persons;
- apartheid;
- other inhumane acts
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