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

Article 7 (1) (g)-5
Crime against humanity of enforced sterilization

Elements

1. The perpetrator deprived one or more persons of biological reproductive capacity.[19]

2. The conduct was neither justified by the medical or hospital treatment of the person or persons concerned nor carried out with their genuine consent.[20]

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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[19] The deprivation is not intended to include birth- control measures which have a non- permanent effect in practice.

[20] It is understood that “genuine consent” does not include consent obtained through deception.