[\/et_pb_text][\/et_pb_column][et_pb_column type=”2_5″ _builder_version=”3.19.18″][et_pb_image src=”https:\/\/accessaccountability.org\/wp-content\/uploads\/2019\/01\/ICC-defining-genocide-CAH-and-War-Crimes.png” url=”http:\/\/www.un.org\/law\/icc\/index.html” url_new_window=”on” _builder_version=”3.19.18″][\/et_pb_image][\/et_pb_column][\/et_pb_row][et_pb_row custom_padding=”0|0px|0|0px|false|false” _builder_version=”3.19.18″][et_pb_column type=”4_4″ _builder_version=”3.19.18″][et_pb_text _builder_version=”3.19.18″]<\/p>\n
<\/p>\n\n\n\n
<\/p>\n\n\n\n
Genocide<\/b><\/h3>\n
\n\n\n<\/p>
<\/p>\n\n\nArticle 6<\/b> of the Rome Statute <\/i><\/a>defines genocide. Genocide is committed when two things can be established: the act<\/b> and the intent<\/b>.\n \n\n\n<\/p> <\/p>\n\n\n The act <\/b>has been committed when the perpetrator has conducted any<\/b> of the following five acts towards a group of people: <\/p>\n\n\n\n \n\n\n<\/p> <\/p>\n\n\nThe first thing to consider is whether the perpetrator conducted any<\/b> of the five acts. Specific types of acts are not explicitly laid out but are captured by the wording. For example, the act of not providing the group with enough food or proper hygiene is not explicitly laid out, but could be included in the act of ‘deliberately inflicting on the group conditions of life calculated to bring about its physical destruction’. The act of imposing measures intended to prevent births within the group captures acts like sexual mutilation or probation of marriages.\n \n\n\n<\/p> <\/p>\n\n\nThe intent <\/b>is established when the act(s) are committed with intent<\/b> to destroy, in whole or in part, a national, ethnic, racial or religious<\/b> group<\/b>. Here is where some key definitions come into play:\n \n\n\n<\/p> <\/p>\n\n\n\n \n\n\n<\/p> <\/p>\n\n\nFinding evidence that directly proves intent can be difficult. However, it can be inferred from evidence on, for example, the scale of atrocities or the systematic<\/a> manner of killing.\n \n\n\n<\/p> <\/p>\n\n\n\n \n\n\n<\/p> <\/p>\n\n\nThe elements of crimes against humanity are contained in Article 7<\/b> of the Rome Statute. <\/i>In this case, two things must be established: the act <\/b>and the context.<\/b>\n \n\n\n<\/p> <\/p>\n\n\nThe perpetrator must have conducted any<\/b> of the following acts<\/b>:\n \n\n\n<\/p> <\/p>\n\n\nThe first thing to consider is whether the perpetrator conducted any of mentioned acts. Some acts like ‘extermination’ may be difficult to understand, but Article 7.2<\/b> provides definition or explanation to some of them.\n \n\n\n<\/p> <\/p>\n\n\nTo establish the context, <\/b>the above act(s) <\/span>must have been committed as part of a<\/span> widespread or systematic<\/a> <\/b><\/span>attack directed against any <\/span>civilian<\/b><\/span> population, with <\/span>knowledge<\/b><\/span> of the attack. <\/span>Here also we have some key definitions:\n \n\n\n<\/p> <\/p>\n\n\n\n \n\n\n<\/p> <\/p>\n\n\n\n \n\n\n<\/p> <\/p>\n\n\nThe first thing to be noted here is that it is lawful<\/strong> for states and armed groups to attack military targets<\/strong>. However, even if an attack is on a legitimate target, it must be proportional<\/strong> and should not cause collateral damage which exceeds the military advantage gained by the attack.\n \n\n\n<\/p> <\/p>\n\n\nArticle 8<\/strong> of the Rome Statute<\/em> defines war crimes. Similar to the above-mentioned crimes against humanity, an act<\/strong> is considered a war crime only when it is committed in an applicable context<\/strong>.\n \n\n\n<\/p> <\/p>\n\n\nArticle 8 stipulates numerous acts<\/strong>, some of which include murder, mutilation, cruel treatment, torture, sentencing or execution without due process, attacking civilians, attacking protected objects, rape and sexual violence.\n \n\n\n<\/p> <\/p>\n\n\nRegarding the context<\/strong>, war crimes can occur in both international and non-international armed conflicts<\/strong>. This distinction has to be drawn as it affects the application of Article 8. Thus the first issue is to consider whether an international or non-international armed conflict exists. An armed conflict is international when it takes place between two or more states<\/strong>. On the other hand, it is non-international if it takes place within a state<\/strong>, for example between the state and other armed groups inside its borders.\n \n\n\n<\/p> <\/p>\n\n\nThe second issue is whether the act(s) of the perpetrator have taken place in the context of, and are associated with, an armed conflict. The perpetrator must be aware of the factual circumstances that established the existence of an armed conflict. This can be proven by the fact that, for example, the perpetrator is a member the army or an armed group and that the victims are civilians.\n \n\n\n<\/p> <\/p>\n\n\n\n \n\n\n<\/p> <\/p>\n <\/p>\n Morgane Landel, “Training Guide: International Criminal Law for Syrian Human Rights Defenders,” Euromed Rights, 2015. https:\/\/euromedrights.org\/wp-content\/uploads\/2015\/12\/EuroMed-Rights-TTK-Syria-ICL-EN.pdf<\/u><\/span><\/a>.<\/p>\n <\/p>\n <\/p>\n Last Updated: August 21, 2018<\/em><\/p>\n <\/p>\n Author: Nova Pui Yan Tang<\/em><\/p>\n <\/p>\n [\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>","protected":false},"excerpt":{"rendered":" [et_pb_section fb_built=”1″ _builder_version=”3.19.18″ custom_padding=”0|0px|0|0px|false|false”][et_pb_row custom_padding=”0|0px|0|0px|false|false” _builder_version=”3.19.18″][et_pb_column type=”3_5″ _builder_version=”3.19.18″][et_pb_text _builder_version=”3.19.18″] This article looks at the definition of genocide, crimes against humanity and war crimes: the key international crimes included in the Rome Statute. For the significance of the Rome Statute, please refer to “Training Guide: International Criminal Law for Syrian Human Rights Defenders.” [\/et_pb_text][\/et_pb_column][et_pb_column type=”2_5″ _builder_version=”3.19.18″][et_pb_image […]<\/p>\n","protected":false},"author":5,"featured_media":3888,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"\n image via: http:\/\/www.un.org\/law\/icc\/index.html<\/u><\/span><\/a><\/em><\/p>\n\n\n\n (file: ICC-Defining Genocide, CAH and war crimes)<\/em><\/p>\n\n\n\n This article looks at the definition of genocide, crimes against humanity and war crimes: the key international crimes included in the Rome Statute. <\/i>For the significance of the Rome Statute<\/i>, please refer to \u201cTraining Guide: International Criminal Law for Syrian Human Rights Defenders<\/a>.\u201d<\/p>\n\n\n\n Article 6<\/b> of the Rome Statute <\/i>defines genocide. Genocide is committed when two things can be established: the act<\/b> and the intent<\/b>.<\/p>\n\n\n\n The act <\/b>has been committed when the perpetrator has conducted any<\/b> of the following five acts towards a group of people: The first thing to consider is whether the perpetrator conducted any<\/b> of the five acts. Specific types of acts are not explicitly laid out but are captured by the wording. For example, the act of not providing the group with enough food or proper hygiene is not explicitly laid out, but could be included in the act of \u2018deliberately inflicting on the group conditions of life calculated to bring about its physical destruction\u2019. The act of imposing measures intended to prevent births within the group captures acts like sexual mutilation or probation of marriages.<\/p>\n\n\n\n The intent <\/b>is established when the act(s) are committed with intent<\/b> to destroy, in whole or in part, a national, ethnic, racial or religious<\/b> group<\/b>. Here is where some key definitions come into play:<\/p>\n\n\n\n Finding evidence that directly proves intent can be difficult. However, it can be inferred from evidence on, for example, the scale of atrocities or the systematic manner of killing.<\/p>\n\n\n\n The elements of crimes against humanity are contained in Article 7<\/b> of the Rome Statute. <\/i>In this case, two things must be established: the act <\/b>and the context.<\/b><\/p>\n\n\n\n The perpetrator must have conducted any<\/b> of the following acts<\/b>:<\/p>\n\n\n\n The first thing to consider is whether the perpetrator conducted any of mentioned acts. Some acts like \u2018extermination\u2019 may be difficult to understand, but Article 7.2<\/b> provides definition or explanation to some of them.<\/p>\n\n\n\n To establish the context, <\/b>the above act(s) <\/span>must have been committed as part of a<\/span> widespread or systematic <\/b><\/span>attack directed against any <\/span>civilian<\/b><\/span> population, with <\/span>knowledge<\/b><\/span> of the attack. <\/span>Here also we have some key definitions:<\/p>\n\n\n\n The first thing to be noted here is that it is lawful<\/strong> for states and armed groups to attack military targets<\/strong>. However, even if an attack is on a legitimate target, it must be proportional<\/strong> and should not cause collateral damage which exceeds the military advantage gained by the attack.<\/p>\n\n\n\n Article 8<\/strong> of the Rome Statute<\/em> defines war crimes. Similar to the above-mentioned crimes against humanity, an act<\/strong> is considered a war crime only when it is committed in an applicable context<\/strong>. <\/p>\n\n\n\n Article 8 stipulates numerous acts<\/strong>, some of which include murder, mutilation, cruel treatment, torture, sentencing or execution without due process, attacking civilians, attacking protected objects, rape and sexual violence. <\/p>\n\n\n\n Regarding the context<\/strong>, war crimes can occur in both international and non-international armed conflicts<\/strong>. This distinction has to be drawn as it affects the application of Article 8. Thus the first issue is to consider whether an international or non-international armed conflict exists. An armed conflict is international when it takes place between two or more states<\/strong>. On the other hand, it is non-international if it takes place within a state<\/strong>, for example between the state and other armed groups inside its borders.<\/p>\n\n\n\n The second issue is whether the act(s) of the perpetrator have taken place in the context of, and are associated with, an armed conflict. The perpetrator must be aware of the factual circumstances that established the existence of an armed conflict. This can be proven by the fact that, for example, the perpetrator is a member the army or an armed group and that the victims are civilians.<\/p>\n\n\n\n The Rome Statute of the International Criminal Court, available at http:\/\/legal.un.org\/icc\/statute\/99_corr\/cstatute.htm<\/u><\/span><\/a><\/p>\n\n\n\n
<\/p>\n\n\n\n
\n
Crimes Against Humanity<\/b><\/h3>\n
\n
\n
\n
War Crimes<\/b><\/h3>\n
Reference<\/b><\/h2>\n
![\"\"](\"https:\/\/accessaccountability.org\/wp-content\/uploads\/2019\/01\/ICC-defining-genocide-CAH-and-War-Crimes.png\")
<\/a><\/figure>\n\n\n\nGenocide<\/b><\/h4>\n\n\n\n
<\/p>\n\n\n\nCrimes against humanity<\/b><\/h4>\n\n\n\n
War Crimes<\/h4>\n\n\n\n
Reference<\/b><\/h4>\n\n\n\n