1065 (f) (g) (h) the perpetrator intends that the person or persons be removed from the protection of the law for a prolonged period of time; and the arrest, detention or abduction occurred, and the refusal occurs, as part of a widespread or systematic attack directed against a civilian population; and the perpetrator knows that the refusal is part of, or intends the refusal to be part of, such an attack. Penalty — Imprisonment for 17 years. 96. Crime against humanity—apartheid A person (the perpetrator) commits an indictable offence if— (a) (b) (c) (d) (e) the perpetrator commits against one or more persons an act that is a proscribed inhumane act, or an act that is of a nature and gravity similar to any such proscribed inhumane act; and the perpetrator’s conduct is committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups; and the perpetrator knows of, or is reckless as to, the factual circumstances that establish the character of the act; and the perpetrator intends to maintain the regime by the conduct; 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. Crime against humanity—other inhumane act 97. A person (the perpetrator) commits an indictable offence if— (a) the perpetrator causes great suffering, or serious injury to body or to mental or physical health, by means of an inhumane act; and (b) the act is of a character similar to another proscribed inhumane act; and (c) 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 25 years. Division 4 — Miscellaneous Provisions Applying to Genocide and Crimes Against Humanity Defence of superior orders 98. The fact that genocide or a crime against humanity has been committed by a person pursuant to an order of a Government or of a superior (whether military or civilian) does not relieve the person of criminal responsibility. 99. Geographical jurisdiction A person commits an offence against all sections of Divisions 2 and 3 of this Part— (a) whether or not the conduct constituting the alleged offence occurs in Fiji; and (b) whether or not a result of the conduct constituting the alleged offence occurs in Fiji. Double jeopardy 100. A person cannot be tried by the High Court for an offence under Divisions 2 and 3 of this Part if the person has already been convicted or acquitted, in accordance with the laws of Fiji, by the International Criminal Court for an offence constituted by substantially the same conduct as constituted the offence under Divisions 2 and 3 of this Part. Bringing proceedings under this Part and Part 10 101. Proceedings for an offence under Divisions 2 and 3 of this Part and Part 10 must not be commenced without the written consent of the Director of Public Prosecutions. Division 5 — Slavery, Sexual Servitude and Deceptive Recruiting Definition of slavery 102. For the purposes of this Division, slavery is the condition of a person over whom any or all of the powers attaching to the right of ownership are exercised, including where such a condition results from a debt or contract made by the person.