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(1) These Regulations may be cited as the International Criminal Court Act 2001 (Elements of Crimes) Regulations 2001 and shall come into force on 1st September 2001.
(2) In so far as these Regulations may relate to proceedings in a service court these Regulations extend to any place (whether within or without the United Kingdom) at which those proceedings are held.
The text of the Elements of Crimes contained in the report of the Preparatory Commission for the International Criminal Court adopted on 30th June 2000, and referred to in section 50(2)(b) of the International Criminal Court Act 2001, is set out in the Schedule to these Regulations.
Pursuant to article 9, the following Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8, consistent with the Statute. The provisions of the Statute, including article 21 and the general principles set out in Part 3, are applicable to the Elements of Crimes.
The perpetrator killed one or more persons.
The perpetrator caused serious bodily harm or mental harm to one or more persons .
The perpetrator inflicted certain conditions of life upon one or more persons.
The perpetrator imposed certain measures upon one or more persons.
The perpetrator forcibly transferred one or more persons .
Since article 7 pertains to international criminal law, its provisions, consistent with article 22, must be strictly construed, taking into account that crimes against humanity as defined in article 7 are among the most serious crimes of concern to the international community as a whole, warrant and entail individual criminal responsibility, and require conduct which is impermissible under generally applicable international law, as recognized by the principal legal systems of the world.
The perpetrator killed one or more persons.
The perpetrator killed one or more persons, including by inflicting conditions of life calculated to bring about the destruction of part of a population .
The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, or by imposing on them a similar deprivation of liberty .
The perpetrator deported or forcibly transferred , without grounds permitted under international law, one or more persons to another State or location, by expulsion or other coercive acts.
The perpetrator imprisoned one or more persons or otherwise severely deprived one or more persons of physical liberty.
The perpetrator inflected severe physical or mental pain or suffering upon one or more persons.
The perpetrator invaded the body of a person by conduct resulting in penetration, however slight, of any part of the body of the victim or of the perpetrator with a sexual organ, or of the anal or genital opening of the victim with any object or any other part of the body.
The perpetrator exercised any or all of the powers attaching to the right of ownership over one or more persons, such as by purchasing, selling, lending or bartering such a person or persons, by imposing on them a similar deprivation of liberty .
The perpetrator caused one or more persons to engage in one or more acts of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons' incapacity to give genuine consent.
The perpetrator confined one or more women forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.
The perpetrator deprived one or more persons of biological reproductive capacity .
The perpetrator committed an act of a sexual nature against one or more persons or caused such person or persons to engage in an act of a sexual nature by force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or persons or another person, or by taking advantage of a coercive environment or such person’s or persons' incapacity to give genuine consent.
The perpetrator severely deprived, contrary to international law , one or more persons of fundamental rights.
The perpetrator:
(a) Arrested, detained or abducted one or more persons; or
(b) Refused to acknowledge the arrest, detention or abduction, or to give information on the fate or whereabouts of such person or persons.
The perpetrator committed an inhumane act against one or more persons.
The perpetrator inflicted great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act.
The perpetrator killed one or more persons .
The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
The perpetrator inflicted severe physical or mental pain or suffering upon one or more persons.
The perpetrator subjected one or more persons to a particular biological experiment.
The perpetrator caused great physical or mental pain or suffering to, or serious injury to body or health of, one or more persons.
The perpetrator destroyed or appropriated certain property.
The perpetrator coerced one or more persons, by act or threat, to take part in military operations against that person’s own country or forces or otherwise serve in the forces of a hostile power.
The perpetrator deprived one or more persons of a fair and regular trial by denying judicial guarantees as defined, in particular, in the third and the fourth Geneva Conventions of 1949.
The perpetrator deported or transferred one or more persons to another State or to another location.
The perpetrator confined or continued to confine one or more persons to a certain location.
The perpetrator seized, detained or otherwise held hostage one or more persons.
The perpetrator directed an attack.
The perpetrator directed an attack.
The perpetrator directed an attack.
The perpetrator launched an attack.
The perpetrator attacked one or more towns, villages, dwellings or buildings.
The perpetrator killed or injured one or more persons.
The perpetrator used a flag of truce.
The perpetrator used a flag, insignia or uniform of the hostile party.
The perpetrator used a flag, insignia or uniform of the United Nations.
The perpetrator used the distinctive emblems of the Geneva Conventions.
The perpetrator:
(a) Transferred , directly or indirectly, parts of its own population into the territory it occupies; or
(b) Deported or transferred all or parts of the population of the occupied territory within or outside this territory.
The perpetrator directed an attack.
The perpetrator subjected one or more persons to mutilation, in particular by permanently disfiguring the person or persons, or by permanently disabling or removing an organ or appendage.
The perpetrator subjected one or more persons to a medical or scientific experiment.
The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2001 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2001-2505
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