76 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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