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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

(p.175) 12 Underlying Offences
International Crimes and the Ad Hoc Tribunals

Guénaél Mettraux

Oxford University Press

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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