Viadrina Logo
Jura Logo
Foto Logo

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

Article 7 (1) (h)
Crime against humanity of persecution

Elements

1. The perpetrator severely deprived, contrary to international law[21], one or more persons of fundamental rights.

2. The perpetrator targeted such person or persons by reason of the identity of a group or collectivity or targeted the group or collectivity as such.

3. Such targeting was based on political, racial, national, ethnic, cultural, religious, gender as defined in article 7, paragraph 3, of the Statute, or other grounds that are universally recognized as impermissible under international law.

4. The conduct was committed in connection with any act referred to in article 7, paragraph 1, of the Statute or any crime within the jurisdiction of the Court.[22]

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

6. 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.

________________________________

[21] This requirement is without prejudice to paragraph 6 of the General Introduction to the Elements of Crimes.

[22] It is understood that no additional mental element is necessary for this element other than that inherent in element 6.