of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health.
d) Knowledge of the attack against a civilian population.
e) For acts of persecution only, political, racial, national, ethnic, cultural, religious, gender, or other universally recognized grounds must be shown.
f) Context. A crime against humanity may be committed in peacetime or in wartime. It is not necessarily committed in connection with another crime. An exception is the persecution of any identifiable group or collectivity; persecution must be linked to another act enumerated in article 7 (1), or any crime within the ICC's jurisdiction.
Finally, it should be noted that the second paragraph of article 7 of the Statute contains definitions for all of the important terms contained in the first paragraph.
Complementarity Requirements
It would be prudent for States Parties to the Statute to incorporate all acts defined as crimes against humanity in the Statute into their national laws. States who already have a law regarding crimes against humanity may need to modify it so that it closely reflects the developments contained in the Statute. For example, the Statute develops international criminal law by explicitly listing sexual offences and large-scale enforced disappearances as crimes against humanity. The definitions contained in the second paragraph of Article 7 should also be respected and reflected in national legislation.
Implementation
States Parties to the Statute can incorporate the offence of crime against humanity into their national law in a variety of ways.
a) First, they could adopt a definition taken verbatim from article 7 of the Statute or that refers to it directly. The advantage of this option is that it is easy for the author of the implementation legislation and it brings the law into concordance with the Statute's requirements.
b) Another option would be to adopt a series of independent offences, linked to each of the acts listed in the Statute. For example, a state's criminal code could provide that slavery, committed in the context of a widespread or systematic attack launched against a civilian population, constitutes a crime against humanity. It would also be necessary to include in each relevant provision of the criminal code, a similar definition of the acts to that described in the Statute. This would have to be done for every act listed under article 7 of the Statute. The advantage of this method is that it simplifies the task of national judges and allows drafters to make certain adaptations. Clearly, some modifications can be made to the definitions of this offence, but only to bestow it with a similar or broader meaning than that provided by the Statute, to ensure that it does not shield anyone from criminal responsibility for such crimes.
c) States can also use existing general law offences to prosecute the authors of crimes against humanity, using offences sufficiently serious to describe the crimes perpetrated. However, if some of the acts that constitute a crime against humanity 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.
War crimes
Description
War crimes have traditionally been defined as a violation of the most fundamental laws and customs of war. Such criminal acts are listed in numerous international instruments (see the list of instruments in Appendix II). The negotiating process that culminated in the Rome Statute was characterized by both compromise and the development of international law. The Statute definition of war crimes is narrower in some respects than the traditional definitions of war crimes. At the same time, it is broader than
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