CYIL 2015

ČESTMÍR ČEPELKA CYIL 6 ȍ2015Ȏ in content in comparison with elder courts (e.g. ICTY or ICTR). 48 Its Article 7 enumerates acts when committed as part of a widespread or systematic attack directed against any civilian population and so creating crimes against humanity. 49 At the head of this list of criminal acts items such as murder and extermination are indicated, which clearly overlap with genocide (See above). This list is produced rather through an oversight then; the followed pattern of the post-war model (Nuremberg) had a quite different target in view; it serves only for the time before or during the war (World War II). 50 By contrast, the Rome Statute of the ICC (Art. 7) is meant irrespective of whether these criminal acts are committed in time of war or time of peace. 51 The explanation of individual criminal items is only partially given by treaties. So as far as (sub c) enslavement is concerned, the Slavery Convention (Geneva, 1926) 52 and Supplementary Convention on the Abolition of Slavery (Geneva, 1956) 53 may be indicated. Also, for the purpose of interpretation, (sub f ) torture has a treaty – that is, the Convention against Torture (New York, 1984). 54 The Convention on forced disappearance of persons (New York, 2006) 55 serves for the interpretation of 48 See Rome Statute of the International Criminal Court , UNTS, vol. 2187, p. 3; International Criminal Tribunal for the former Yugoslavia (ICTY), S/25704 (1993), Art. 5 of the Statute, S/RES/827 (1993); International Criminal Tribunal for Rwanda (ICTR), Art. 3 of the Statute, S/RES/955 (1994). 49 Rome Statute of ICC, Art. 7(1) (…): “(a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (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 identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender (…) or other grounds that are universally recognized as impermissible under international law, in connection 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.” 50 See Agreement for the Prosecution and Punishment of the MajorWar Criminals of the European Axis and Charter of the International Military Tribunal (London, 8 August 1945), UNTS vol. 82, p. 279. See also Art. 6(c): Crimes Against Humanity: “namely, murder, extermination, (…) before or during the war (…).” 51 Another explanation of the said offences (murder, extermination) included in the term “crimes against humanity” is given by Bassiouni, M. Ch . , Crimes Against Humanity, AZ Guide, Law, in http://www. crimesofwar.org/a-z-guide/crimes-against-humanity: “(…) crimes against humanity are distinguishable from genocide in that they do not require an intent to ’destroy in whole or in part,’ as cited in the 1948 Genocide Convention, but only target a given group and carry out a policy of ’widespread or systematic’ violations.” 52 For text see League of Nations, Treaty Series (LNTS), vol. 60, p. 254; amended by the Protocol (New York, 1953), UNTS, vol. 212, p. 17. Parties : 99 (2015). 53 For text (full name) Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (Geneva, 1956), UNTS vol. 266, p. 3. Parties: 123 (2015). 54 For text (full name) Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (New York, 1984), UNTS, vol. 1465, p. 85. Parties: 157 (2015). 55 For text (full name) International Convention for the Protection of All Persons from Enforced Disappearance (New York, 2006), UNTS, vol. 2716, p. 3. Parties: 45 (2015).

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