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International Crimes and the Ad Hoc Tribunals$
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Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

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Underlying Offences

Underlying Offences

Chapter:
(p.175) 12 Underlying Offences
Source:
International Crimes and the Ad Hoc Tribunals
Author(s):

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0012

The chapeau elements discussed in the previous chapter represent the general requirements which any criminal act must meet before qualifying as a crime against humanity. In addition, the underlying offence which forms the basis of the charges against the accused must be one of the acts listed in Article 5 and Article 3, respectively, of the statutes of the ad hoc tribunals for Rwanda and the former Yugoslavia, namely: murder; extermination; enslavement; deportation; imprisonment; torture; rape; persecutions on political, racial and religious grounds; other inhumane acts. The perpetrator need not bear principal responsibility for any of these offences to be found guilty of a crime against humanity; it is enough that he participated in any manner specified in Article 7 and Article 6 of the statutes of the Yugoslav and Rwanda tribunals, respectively.

Keywords:   crime against humanity, statutes, murder, extermination, enslavement, deportation, imprisonment

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