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(e) Imprisonment or other severe deprivation of physical liberty in
violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of
comparable gravity;
(h) Persecution against any identi¬able group or collectivity on
political, racial, national, ethnic, cultural, religious, gender as
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The Statute “ Justice versus Sovereignty

de¬ned in paragraph 3, or other grounds that are universally
recognized as impermissible under international law, in connec-
tion with any act referred to in this paragraph or any crime within
the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing
great suffering, or serious injury to body or to mental or physical
health.
2. For the purpose of paragraph 1:
(a) ˜˜Attack directed against any civilian population™™ means a course
of conduct involving the multiple commission of acts referred to
in paragraph 1 against any civilian population, pursuant to or in
furtherance of a State or organizational policy to commit such
attack;
(b) ˜˜Extermination™™ includes the intentional in¬‚ection of conditions
of life, inter alia the deprivation of access to food and medicine,
calculated to bring about the destruction of part of a population;
(c) ˜˜Enslavement™™ means the exercise of any or all of the powers
attaching to the right of ownership over a person and includes the
exercise of such power in the course of traf¬cking in persons, in
particular women and children;
(d) ˜˜Deportation or forcible transfer of population™™ means forced
displacement of the persons concerned by expulsion or other
coercive acts from the area in which they are lawfully present,
without grounds permitted under international law;
(e) ˜˜Torture™™ means the intentional in¬‚iction of severe pain or
suffering, whether physical or mental, upon a person in the
custody or under the control of the accused; except that torture
shall not include pain or suffering arising only from, inherent in or
incidental to lawful sanctions;
(f) ˜˜Forced pregnancy™™means the unlawful con¬nement of a woman
forcibly made pregnant, with the intent of affecting the ethnic
composition of any population or carrying out other grave
violations of international law. This de¬nition shall not in any
way be interpreted as affecting national laws relating to
pregnancy;
(g) ˜˜Persecution™™ means the intentional and severe deprivation of
fundamental rights contrary to international law by reason of the
identity of the group or collectivity;
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(h) ˜˜The crime of apartheid™™ means inhumane acts of a character similar
to those referred to in paragraph 1, committed in the context of an
institutionalized regime of systematic oppression and domination by
one racial group over any other racial group or groups and
committed with the intention of maintaining that regime;
(i) ˜˜Enforced disappearance of persons™™ means the arrest, detention
or abduction of persons by, or with the authorization, support or
acquiescence of, a State or a political organization, followed by a
refusal to acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons, with the
intention of removing them from the protection of the law for a
prolonged period of time;
3. For the purpose of this Statute, it is understood that the term ˜˜gender™™
refers to the two sexes, male and female, within the context of society.
The term ˜˜gender™™ does not indicate any meaning different from the
above.
Article 8
War Crimes
1. The Court shall have jurisdiction in respect of war crimes in particular
when committed as part of a plan or policy or as part of a large-scale
commission of such crimes.
2. For the purpose of this Statute, ˜˜war crimes™™ means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949,
namely, any of the following acts against persons or property
protected under the provisions of the relevant Geneva Convention:
(i) Willful killing;
(ii) Torture or inhuman treatment, including biological
experiments;
(iii) Willfully causing great suffering, or serious injury to body
or health;
(iv) Extensive destruction and appropriation of property, not
justi¬ed by military necessity and carried out unlawfully
and wantonly;
(v) Compelling a prisoner of war or other protected person to
serve in the forces of a hostile Power;
(vi) Willfully depriving a prisoner of war or other protected
person of the rights of fair and regular trial;
(vii) Taking of hostages.
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The Statute “ Justice versus Sovereignty

(b) Other serious violations of the laws and customs applicable in
international armed con¬‚ict within the established framework of
international law, namely, in any of the following acts:
(i) Intentionally directing attacks against the civilian popula-
tion as such or against individual civilians not taking direct
part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that
is, objects which are not military objectives;
(iii) Intentionally directing attacks against personnel, installa-
tions, material units or vehicles involved in a humanitarian
assistance or peacekeeping mission in accordance with the
Charter of the United Nations, as long as they are entitled
to the protection given to civilians or civilian objects under
the international law of armed con¬‚ict;
(iv) Intentionally launching an attack in the knowledge that
such attack will cause incidental loss of life or injury to
civilians or damage to civilian objects or widespread, long-
term and severe damage to the natural environment which
would be clearly excessive in relation to the concrete and
direct overall military advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns,
villages, dwellings or buildings which are undefended and
which are not military objectives;
(vi) Killing or wounding a combatant who, having laid down
his arms or having no longer means of defence, has
surrendered at discretion;
(vii) Making improper use of a ¬‚ag of truce, of the ¬‚ag or of the
military insignia and uniform of the enemy or of the United
Nations, as well as of the distinctive emblems of the Geneva
Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying
Power of parts of its own civilian population into the
territory it occupies, or the deportation or transfer of all or
parts of the population of the occupied territory within or
outside this territory;
(ix) Intentionally directing attacks against buildings dedicated
to religion, education, art, science or charitable purposes,
historic monuments, hospitals and places where the sick
and wounded are collected, provided they are not military
objectives;
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(x) Subjecting persons who are in the power of an adverse
party to physical mutilation or to medical or scienti¬c
experiments of any kind which are neither justi¬ed by
the medical, dental or hospital treatment of the person
concerned nor carried out in his or her interest, and which
cause death to or seriously endanger the health of such
person or persons;
(xi) Killing or wounding treacherously individuals belonging to
the hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy™s property unless such
destruction or seizure be imperatively demanded by the
necessities of war;
(xiv) Declaring abolished, suspended or inadmissible in a court
of law the rights and actions of the nationals of the hostile
party;
(xv) Compelling the nationals of the hostile party to take part in
the operations of war directed against their own country,
even if they were in the belligerent™s service before the
commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all
analogous liquids, materials or devices;
(xix) Employing bullets which expand or ¬‚atten easily in the
human body, such as bullets with a hard envelope which
does not entirely cover the core or is pierced with incisions;
(xx) Employing weapons, projectiles and material and methods
of warfare which are of a nature to cause super¬‚uous
injury or unnecessary suffering or which are inherently
indiscriminate in violation of the international law of
armed con¬‚ict, provided that such weapons, projectiles
and material and methods of warfare are the subject of a
comprehensive prohibition and are included in an annex to
this Statute, by an amendment in accordance with the
relevant provisions set forth in articles 121 and 123;
(xxi) Committing outrages upon personal dignity, in particular
humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution,
forced pregnancy, as de¬ned in article 7, paragraph 2 (f),
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The Statute “ Justice versus Sovereignty

enforced sterilization, or any other form of sexual violence
also constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected
person to render certain points, areas or military forces
immune from military operations;
(xxiv) Intentionally directing attacks against buildings, material,
medical units and transport, and personnel using the
distinctive emblems of the Geneva Conventions in
conformity with international law;
(xxv) Intentionally using starvation of civilians as a method of
warfare by depriving them of objects indispensable to their
survival, including willfully impeding relief supplies as
provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of ¬fteen
years into the national armed forces or using them to
participate actively in hostilities.
(c) In the case of an armed con¬‚ict not of an international character,
serious violations of article 3 common to the four Geneva
Conventions of 12 August 1949, namely, any of the following acts
committed against persons taking no active part in the hostilities,
including members of armed forces who have laid down their
arms and those placed hors de combat by sickness, wounds,
detention or any other cause:
(i) Violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular
humiliating and degrading treatment;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of executions
without previous judgement pronounced by a regularly
constituted court, affording all judicial guarantees which
are generally recognized as indispensable.
(d) Paragraph 2 (c) applies to armed con¬‚icts not of an international
character and thus does not apply to situations of internal
disturbances and tensions, such as riots, isolated and sporadic acts
of violence or other acts of a similar nature.
(e) Other serious violations of the laws and customs applicable in
armed con¬‚icts not of an international character, within the
established framework of international law, namely, any of the
following acts:
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(i) Intentionally directing attacks against the civilian popula-
tion as such or against individual civilians not taking direct
part in hostilities;
(ii) Intentionally directing attacks against buildings, material,
medical units and transport, and personnel using the
distinctive emblems of the Geneva Conventions in
conformity with international law;
(iii) Intentionally directing attacks against personnel, installa-
tions, material units or vehicles involved in a humanitarian
assistance or peacekeeping mission in accordance with the
Charter of the United Nations, as long as they are entitled
to the protection given to civilians or civilian objects under
the international law of armed con¬‚ict;
(iv) Intentionally directing attacks against buildings dedicated
to religion, education, art, science or charitable purposes,
historic monuments, hospitals and places where the sick
and wounded are collected, provided they are not military
objectives;
(v) Pillaging a town or place, even when taken by assault;
(vi) Committing rape, sexual slavery, enforced prostitution,
forced pregnancy, as de¬ned in article 7, paragraph 2 (f),
enforced sterilization, and any other form of sexual
violence also constituting a serious violation of article 3
common to the four Geneva Conventions;
(vii) Conscripting or enlisting children under the age of ¬fteen
years into the national armed forces or using them to
participate actively in hostilities;
(viii) Ordering the displacement of the civilian population for
reasons related to the con¬‚ict, unless the security of the
civilians involved or imperative military reasons so
demand;
(ix) Killing or wounding treacherously a combatant adversary;
(x) Declaring that no quarter will be given;
(xi) Subjecting persons who are in the power of an adverse
party to physical mutilation or to medical or scienti¬c
experiments of any kind which are neither justi¬ed by the
medical, dental or hospital treatment of the person
concerned nor carried out in his or her interest, and which
cause death to or seriously endanger the heath of such
person or persons;
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The Statute “ Justice versus Sovereignty

(xii) Destroying or seizing the property of an adversary unless
such destruction or seizure be imperatively demanded by
the necessities of the con¬‚ict;
(f) Paragraph 2 (e) applies to armed con¬‚icts not of an international
character and thus does not apply to situations of internal
disturbances and tensions, such as riots, isolated and sporadic acts

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