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(5) In sub-section (1), being reckless as to whether there is consent to one or more acts of a sexual nature
includes not giving any thought to whether or not the person or persons are consenting to engaging in the act or acts
of a sexual nature.
Crime against humanity—persecution
94.—(1) A person (the perpetrator) commits an indictable offence if —
(a)
(b)
(c)
(d)
(e)
(f)
the perpetrator severely deprives one or more persons of any of the rights referred to in paragraph
(b); and
the rights are those guaranteed in articles 6, 7, 8 and 9, paragraph 2 of article 14, article 18, paragraph
2 of article 20, paragraph 2 of article 23 and article 27 of the Covenant; and
the perpetrator targets the person or persons by reason of the identity of a group or collectivity or
targets the group or collectivity as such; and
the grounds on which the targeting is based are political, racial, national, ethnic, cultural, religious,
gender or other grounds that are recognised in paragraph 1 of article 2 of the Covenant; and
the perpetrator’s conduct is committed in connection with another act that is:
(i) a proscribed inhumane act; or
(ii) genocide; and
the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic
attack directed against a civilian population.
Penalty — Imprisonment for 17 years.
(2)
Strict liability applies to—
(a)
(b)
the physical element of the offence referred to in sub-section (1)(a) that the rights are those referred
to in sub-section (1)(b); and
sub-sections (1)(b) and (d).
Crime against humanity—enforced disappearance of persons
95.—(1) A person (the perpetrator ) commits an indictable offence if—
the perpetrator arrests, detains or abducts one or more persons; and
the arrest, detention or abduction is carried out by, or with the authorisation, support or acquiescence
of, the government of a country or a political organisation; and
(c) the perpetrator intends to remove the person or persons from the protection of the law for a prolonged
period of time; and
(d) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic
attack directed against a civilian population; and
(e) after the arrest, detention or abduction, the government or organisation refuses to acknowledge
the deprivation of freedom of, or to give information on the fate or whereabouts of, the person or
persons.
Penalty — Imprisonment for 17 years.
(a)
(b)
(2) A person (the perpetrator) commits an indictable offence if—
(a)
(b)
(c)
(d)
(e)
one or more persons have been arrested, detained or abducted; and
the arrest, detention or abduction was carried out by, or with the authorisation, support or acquiescence
of, the government of a country or a political organisation; and
the perpetrator refuses to acknowledge the deprivation of freedom, or to give information on the fate
or whereabouts, of the person or persons; and
the refusal occurs with the authorisation, support or acquiescence of the government of the country
or the political organisation; and
the perpetrator knows that, or is reckless as to whether, the refusal was preceded or accompanied by
the deprivation of freedom; and