prop · H103146 · 2014-02-25 00:00:00 — 2.A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party sextionde dagen efter dagen för deponeringen av det sextionde instrumentet avseende ratificering, godtagande, godkännande eller anslutning hos generalsekreterare. För en stat som ratificerar, godtar, godkänner eller ansluter sig till denna stadga efter deponeringen av det sextionde instrumentet avseende ratificering, godtagande, godkännande eller anslutning träder stadgan i kraft i den månad som följer efter den sextionde dagen efter den dag då staten i fråga deponerade sitt instrument avseende ratificering, godtagande, godkännande eller anslutning. 1.En stadgepart får genom skriftlig underrättelse till generalsekreterare frånträda denna stadga. Frånträdet träder i kraft efter den dag då underrättelsen har mottagits, såvida inte ett senare datum anges i underrättelsen. 2.En stat skall på grund av sitt frånträde inte vara befriad från de förpliktelser den har iklätt sig genom denna stadga när den var to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective. The original of this Statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Statute. stadgepart i stadgan, däribland eventuella ekonomiska skyldigheter som kan ha uppstått. Frånträdet skall inte inverka på något samarbete med Domstolen i samband med brottsutredningar, förundersökningar och förfaranden med avseende på vilka den frånträdande staten var skyldig att samarbeta och vilka har inletts före den dag då frånträdet trädde i kraft; frånträdet skall inte heller på något sätt inverka på den fortsatta behandlingen av någon fråga som var under behandling av Domstolen före den dag då det trädde i kraft. Originalet till denna stadga, vars arabiska, engelska, franska, kinesiska, ryska och spanska texter är lika giltiga, skall deponeras hos generalsekreterare, som skall tillställa alla stater bestyrkta kopior därav. Till bekräftelse härav har undertecknade, därtill vederbörligen bemyndigade av sina respektive regeringar, undertecknat denna stadga. DONE at , this 17th day of 1998. Romstadgan artiklarna 8:2 e (xiii) – (xv) Romstadgan artiklarna 8 bis, 15 bis och 15 ter Brottskriterierna (Elements of Crimes) Bilagan återger de s.k. Brottskriterierna (Elements of Crimes) som stadgepartsförsamlingen enligt art. 9 i Romstadgan har antagit (se avsnitt 9.1.6). Brottskriterierna har ännu inte översatts till svenska. Article 6: Genocide67 Article 7: Crimes against humanity..70 Article 8: War Crimes82 1.Pursuant to article 9, the following Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8, consistent with the Statute. The provisions of the Statute, including article 21 and the general principles set out in Part 3, are applicable to the Elements of Crimes. 2.As stated in article 30, unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge. Where no reference is made in the Elements of Crimes to a mental element for any particular conduct, consequence or circumstance listed, it is understood that the relevant mental element, i.e., intent, knowledge or both, set out in article 30 applies. Exceptions to the article 30 standard, based on the Statute, including applicable law under its relevant provisions, are indicated below. 3.Existence of intent and knowledge can be inferred from relevant facts and circumstances. 4.With respect to mental elements associated with elements involving value judgement, such as those using the terms inhumane or severe, it is not necessary that the perpetrator personally completed a particular value judgement, unless otherwise indicated. 5.Grounds for excluding criminal responsibility or the absence thereof are generally not specified in the elements of crimes listed under each crime. 6.The requirement of unlawfulness found in the Statute or in other parts of international law, in particular international humanitarian law, is generally not specified in the elements of crimes. 238 This paragraph is without prejudice to the obligation of the Prosecutor under article 54, paragraph 1, of the Statute. The elements of crimes are generally structured in accordance with the following principles: As the elements of crimes focus on the conduct, consequences and circumstances associated with each crime, they are generally listed in that order; When required, a particular mental element is listed after the affected conduct, consequence or circumstance; Contextual circumstances are listed last. 8.As used in the Elements of Crimes, the term perpetrator is neutral as to guilt or innocence. The elements, including the appropriate mental elements, apply mutatis mutandis to all those whose criminal responsibility may fall under articles 25 and 28 of the Statute. 9.A particular conduct may constitute one or more crimes. 10.The use of short titles for the crimes has no legal effect. With respect to the last element listed for each crime: The term in the context of would include the initial acts in an emerging pattern; The term manifest is an objective qualification; Notwithstanding the normal requirement for a mental element provided for in article 30, and recognizing that knowledge of the circumstances will usually be addressed in proving genocidal intent, the appropriate requirement, if any, for a mental element regarding this circumstance will need to be decided by the Court on a case-by- case basis. Article 6 (a) 1.The perpetrator killed 239one or more persons. 2.Such person or persons belonged to a particular national, ethnical, racial or religious group. 239 The term killed is interchangeable with the term caused death. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such. 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 (b) Genocide by causing serious bodily or mental harm 1.The perpetrator caused serious bodily or mental harm to 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 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 (c) Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction 1.The perpetrator inflicted certain conditions of life 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 conditions of life were calculated to bring about the physical destruction of that group, in whole or in part. 240This conduct may include, but is not necessarily restricted to, acts of torture, rape, sexual violence or inhuman or degrading treatment. 241The term conditions of life may include, but is not necessarily restricted to, deliberate deprivation of resources indispensable for survival, such as food or services, or systematic expulsion from homes. 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 (d) Genocide by imposing measures intended to prevent births The perpetrator imposed certain measures upon one or more persons. Such person or persons belonged to a particular national, ethnical, racial or religious group. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such. The measures imposed were intended to prevent births within that group. 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 The perpetrator forcibly transferred one or more persons. Such person or persons belonged to a particular national, ethnical, racial or religious group. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as such. The transfer was from that group to another group. The person or persons were under the age of 18 years. The perpetrator knew, or should have known, that the person or persons were under the age of 18 years. 242 The term forcibly is not restricted to physical force, but may include threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment. The conduct took place in the context of a manifest similar conduct directed against that group or was conduct itself effect such destruction. 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 defined 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 of the last element indicates that this mental element is satisfied 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.243 243 A policy which has a civilian population as the object of the attack would be implemented by State or organizational action. Such a policy may, in exceptional circumstances, be implemented by a deliberate failure to take action, which is consciously aimed at encouraging such attack. The existence of such a policy cannot be inferred solely from the absence of governmental or organizational action. Article 7 (1) (a) Crime against humanity of murder The perpetrator killed 244one or more persons. The conduct was committed as part of a widespread or systematic attack directed against a civilian population. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack against a civilian Article 7 (1) (b) Crime against humanity of extermination The perpetrator killed245 one or more persons, including by inflicting conditions of life calculated to bring about the destruction of part of a population. The conduct constituted, or took place as part of,247 a mass killing of members of a civilian population. The conduct was committed as part of a widespread or systematic attack directed against a civilian population. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. Article 7 (1) (c) Crime against humanity of enslavement The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of . 244The term killed is interchangeable with the term caused death. This footnote applies to all elements which use either of these concepts. 245The conduct could be committed by different methods of killing, either directly or indirectly. 246The infliction of such conditions could include the deprivation of access to food and 247The term as part of would include the initial conduct in a mass killing. 248It is understood that such deprivation of may, in some circumstances, include exacting forced labour or otherwise reducing a person to a servile status as defined in the The conduct was committed as part of a widespread or systematic attack directed against a civilian population. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a Article 7 (1) (d) Crime against humanity of deportation or forcible transfer of population 1.The perpetrator deported or forcibly249 transferred,250 without grounds permitted under international law, one or more persons to another State or location, by expulsion or other coercive acts. 2.Such person or persons were lawfully present in the area from which they were so deported or transferred. 3.The perpetrator was aware of the factual circumstances that established the lawfulness of such presence. 4.The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 5.The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. Article 7 (1) (e) Crime against humanity of imprisonment or other severe deprivation of physical 1.The perpetrator imprisoned one or more persons or otherwise severely deprived one or more persons of physical . 2.The gravity of the conduct was such that it was in violation of fundamental rules of international law. Supplementary Convention on the Abolition of Slavery, the , and Institutions and Practices Similar to Slavery of 1956. It is also understood that the conduct described in this element includes trafficking in persons, in particular women and children. 249The term forcibly is not restricted to physical force, but may include threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power against such person or persons or another person, or by taking advantage of a coercive environment. 250Deported or forcibly transferred is interchangeable with forcibly displaced. The perpetrator was aware of the factual circumstances that established the gravity of the conduct. 4.The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 5.The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. Article 7 (1) (f) Crime against humanity of torture 251 1.The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons. 2.Such person or persons were in the custody or under the control of the perpetrator. 3.Such pain or suffering did not arise only from, and was not inherent in or incidental to, lawful sanctions. 4.The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 5.The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. Article 7 (1) (g)-1 Crime against humanity of rape 1.The perpetrator invaded252 the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body. 2.The invasion was committed by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the 251It is understood that no specific purpose need be proved for this crime. 252The concept of invasion is intended to be broad enough to be gender-neutral. invasion was committed against a person incapable of giving genuine 3.The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 4.The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. Article 7 (1) (g)-2 Crime against humanity of sexual slavery254 1.The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty.255 2.The perpetrator caused such person or persons to engage in one or more acts of a sexual nature. 3.The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 4.The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. Article 7 (1) (g)-3 Crime against humanity of enforced prostitution The perpetrator caused one or more persons to engage in one or more acts of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another 253It is understood that a person may be incapable of giving genuine consent if affected by natural, induced or age-related incapacity. This footnote also applies to the corresponding elements of article 7 (1) (g)-3, 5 and 6. 254Given the complex nature of this crime, it is recognized that its commission could involve more than one perpetrator as a part of a common criminal purpose. 255It is understood that such deprivation of may, in some circumstances, include exacting forced labour or otherwise reducing a person to a servile status as defined in the Supplementary Convention on the Abolition of Slavery, the , and Institutions and Practices Similar to Slavery of 1956. It is also understood that the conduct described in this element includes trafficking in persons, in particular women and children. person, or by taking advantage of a coercive environment or such persons or persons incapacity to give genuine consent. 2.The perpetrator or another person obtained or expected to obtain pecuniary or other advantage in exchange for or in connection with the acts of a sexual nature. 3.The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 4.The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. Article 7 (1) (g)-4 Crime against humanity of forced pregnancy 1.The perpetrator confined one or more women forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. 2.The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 3.The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. Article 7 (1) (g)-5 Crime against humanity of enforced sterilization 1.The perpetrator deprived one or more persons of biological reproductive capacity.256 2.The conduct was neither justified by the or hospital treatment of the person or persons concerned nor carried out with their genuine consent.257 3.The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 256The deprivation is not intended to include birth-control measures which have a nonpermanent effect in practice. 257It is understood that genuine consent does not include consent obtained through The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a Article 7 (1) (g)-6 Crime against humanity of sexual violence 1.The perpetrator committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such persons or persons incapacity to give genuine consent. 2.Such conduct was of a gravity comparable to the other offences in article 7, paragraph 1 (g), of the Statute. 3.The perpetrator was aware of the factual circumstances that established the gravity of the conduct. 4.The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 5.The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. Article 7 (1) (h) Crime against humanity of persecution 1.The perpetrator severely deprived, contrary to international law,258 one or more persons of fundamental rights. 2.The perpetrator targeted such person or persons by reason of the identity of a group or collectivity or targeted the group or collectivity as such. 3.Such targeting was based on political, racial, national, ethnic, cultural, religious, gender as defined in article 7, paragraph 3, of the Statute, or other grounds that are universally recognized as impermissible under international law. 258 This requirement is without prejudice to paragraph 6 of the General to the Elements of Crimes. The conduct was committed in connection with any act referred to in article 7, paragraph 1, of the Statute or any crime within the jurisdiction of the Court.259 5.The conduct was committed as part of a widespread or systematic attack directed against a civilian population. 6.The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population. Article 7 (1) (i)