Article 7 Crimes against humanity

• Author: International Criminal Court
• Pages: 3-8

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Elements of Crimes

Article 6 (d)

Genocide by imposing measures intended to prevent births

Elements

1. The perpetrator imposed certain measures upon one or more persons.

2. Such person or persons belonged to a particular national, ethnical, racial or religious group.

3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as

such.

4. The measures imposed were intended to prevent births within that group.

5. The conduct took place in the context of a manifest pattern of similar conduct directed against that group

or was conduct that could itself effect such destruction.

Article 6 (e)

Genocide by forcibly transferring children

Elements

1. The perpetrator forcibly transferred one or more persons.5

2. Such person or persons belonged to a particular national, ethnical, racial or religious group.

3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as

such.

4. The transfer was from that group to another group.

5. The person or persons were under the age of 18 years.

6. The perpetrator knew, or should have known, that the person or persons were under the age of 18 years.

7. The conduct took place in the context of a manifest pattern of similar conduct directed against that group

or was conduct that could itself effect such destruction.

Article 7

Crimes against humanity

Introduction

1. Since article 7 pertains to international criminal law, its provisions, consistent with article 22, must be strictly

construed, taking into account that crimes against humanity as dened in article 7 are among the most

serious crimes of concern to the international community as a whole, warrant and entail individual criminal

responsibility, and require conduct which is impermissible under generally applicable international law, as

recognized by the principal legal systems of the world.

2. The last two elements for each crime against humanity describe the context in which the conduct must take

place. These elements clarify the requisite participation in and knowledge of a widespread or systematic

attack against a civilian population. However, the last element should not be interpreted as requiring proof

that the perpetrator had knowledge of all characteristics of the attack or the precise details of the plan or

policy of the State or organization. In the case of an emerging widespread or systematic attack against a

civilian population, the intent clause of the last element indicates that this mental element is satised if the

perpetrator intended to further such an attack.

3. “Attack directed against a civilian population” in these context elements is understood to mean a course

of conduct involving the multiple commission of acts referred to in article 7, paragraph 1, of the Statute

against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit

such attack. The acts need not constitute a military attack. It is understood that “policy to commit such

attack” requires that the State or organization actively promote or encourage such an attack against a

civilian population.6

5 The term “forci bly” is not restricte d to physical force, but may inc lude threat of force or coerc ion, such as that caused b y fear of violence,

duress, dete ntion, psycholog ical oppres sion or abuse of power, ag ainst such p erson or person s or another perso n, or by takin g advantage of a

coercive environment.

6 A policy wh ich has a civ ilian popu lation as the o bject of the att ack would be imple mented by State or org anizatio nal action. Su ch a policy may,

in exception al circums tances, be implemente d by a deliberate fai lure to take actio n, which is consci ously aimed at encou raging such att ack.

The exist ence of such a polic y cannot be infe rred solely from t he absence of gover nmental or orga nizationa l action.