III. ACCOUNTABILITY AND THE RIGHTS OF VICTIMS
mechanisms through which individuals can be brought to justice for serious
violations of international human rights and humanitarian law.
The Rome Statute of the International Criminal Court provides the most
complete and updated definition of relevant international crimes, the
components of which are primarily violations of international human rights
and humanitarian law:109
Genocide: article 6 states: “[f]or the purpose of this Statute, ‘genocide’
means any of the following acts committed with intent to destroy, in
whole or in part, a national, ethnical, racial or religious group, as
such: (a) [k]illing members of the group; (b) [c]ausing serious bodily
or mental harm to members of the group; (c) [d]eliberately inflicting
on the group conditions of life calculated to bring about its physical
destruction in whole or in part; (d) [i]mposing measures intended to
prevent births within the group; (e) [f]orcibly transferring children of
the group to another group”;
War crimes: article 8 states that “war crimes” means: (a) grave
breaches of the Geneva Conventions of 12 August 1949; (b) other
serious violations of the laws and customs applicable in international
armed conflict; and (c) in the case of an armed conflict not of an
international character, serious violations of common article 3 and
other serious violations of the laws and customs applicable in such a
conflict. The Rome Statute identifies a list of acts under each of these
headings, such as wilful killing, torture or inhuman treatment, wilfully
causing great suffering, or serious injury to body or health, unlawful
deportation or transfer or unlawful confinement; taking of hostages,
declaring that no quarter will be given; using civilians as shields;
Crimes against humanity: article 7 states: “[f]or the purpose of this
Statute, ‘crime against humanity’ means any of the following acts
when committed as part of a widespread or systematic attack directed
against any civilian population, with knowledge of the attack:
See the elements of crimes under the Rome Statute in the “Report of the Preparatory
Commission for the International Criminal Court” (PCNICC/2000/1/Add.2).
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