38
CAP. 9.]
CRIMINAL CODE
accused; except that torture shall not include pain or
suffering arising only from, inherent in or incidental
to, lawful sanctions;
(f) ''forced pregnancy'' means the unlawful confinement
of a woman forcibly made pregnant, with the intent of
affecting the ethnic composition of any population or
carrying out other grave violations of international
law. This definition shall not in any way be interpreted
as affecting national laws relating to pregnancy;
(g) ''persecution'' means the intentional and severe
deprivation of fundamental rights contrary to
international law by reason of the identity of the group
or collectivity;
(h) ''the crime of apartheid'' means inhumane acts of a
character similar to those referred to in subarticle (1),
committed in the context of an institutionalized regime
of systematic oppression and domination by one racial
group over any other racial group or groups and
committed with the intention of maintaining that
regime;
(i) ''enforced disappearance of persons'' means the arrest,
detention or abduction of persons by, or with the
authorization, support or acquiescence of, a State or a
political organization, followed by a refusal to
acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those
persons, with the intention of removing them from the
protection of the law for a prolonged period of time.
(3) For the purpose of this Title, it is understood that the term
''gender'' refers to the two sexes, male and female, within the
context of society. The term ''gender'' does not indicate any
meaning different from the above.
War crimes.
Added by:
XXIV. 2002.13.
Amended by:
XXIV. 2014.11.
54D. A war crime is committed where any of the following acts
is committed:
(a) grave breaches of the Geneva Conventions of 12
August 1949, namely, any of the following acts against
persons or property protected under the provisions of
the relevant Geneva Convention:
(i) wilful killing;
(ii) torture or inhuman treatment, including
biological experiments;
(iii) wilfully causing great suffering, or serious
injury to body or health;
(iv) extensive destruction and appropriation of
property, not justified by military necessity and
carried out unlawfully and wantonly;
(v) compelling a prisoner of war or other protected
person to serve in the forces of a hostile Power;
(vi) wilfully depriving a prisoner of war or other