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Article Comparison - Elements of Crimes of the International Criminal Court [*]

Article 7 (1) (b)
Crime against humanity of extermination

Elements

1. The perpetrator killed[8] one or more persons, including by inflicting conditions of life calculated to bring about the destruction of part of a population.[9]

2. The conduct constituted, or took place as part of[10], a mass killing of members of a civilian population.

3. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.

4. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.

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[8] The conduct could be committed by different methods of killing, either directly or indirectly.

[9] The infliction of such conditions could include the deprivation of access to food and medicine.

[10] The term “as part of” would include the initial conduct in a mass killing.