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INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT
(a) [m]urder; (b) [e]xtermination; (c) [e]nslavement; (d) [d]eportation
or forcible transfer of population; (e) [i]mprisonment or other severe
deprivation of physical liberty in violation of fundamental rules of
international law; (f) [t]orture; (g) [r]ape, sexual slavery, enforced
prostitution, forced pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity; (h) [p]ersecution 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) [e]nforced disappearance of persons;
(j) [t]he crime of apartheid; (k) [o]ther inhumane acts of a similar
character intentionally causing great suffering, or serious injury to
body or to mental or physical health.” It is important to note that under
customary international law crimes against humanity do not require a
connection to an armed conflict.110
With the exception of the Convention against Torture,111 the International
Convention for the Protection of All Persons from Enforced Disappearance,112
and the Optional Protocols to the Convention on the Rights of the Child
on the involvement of children in armed conflict113 and on the sale of
Prosecutor v. Duško Tadic´, para. 141.
Article 4 states that each State party must ensure that all acts of torture, attempts to
commit torture and acts which constitute complicity or participation in torture are
offences under its criminal law. It also provides that “[e]ach State Party shall make
these offences punishable by appropriate penalties which take into account their grave
nature.” Article 5 requires each State party to establish jurisdiction over such offences
when they are committed in any territory under its jurisdiction or on board a ship or
aircraft registered in that State.
112
Article 4 states that “[e]ach State Party shall take the necessary measures to ensure
that enforced disappearance constitutes an offence under its criminal law.” Article
9.2 further indicates that “[e]ach State Party shall likewise take such measures as may
be necessary to establish its competence to exercise jurisdiction over the offence of
enforced disappearance when the alleged offender is present in any territory under its
jurisdiction, unless it extradites or surrenders him or her to another State in accordance
with its international obligations or surrenders him or her to an international criminal
tribunal whose jurisdiction it has recognized.”
113
Article 4.2 states that “States Parties shall take all feasible measures to prevent such
110
111
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