1060
Crime against humanity—deportation or forcible transfer of population
85.—(1) A person (the perpetrator) commits an indictable offence if—
(a)
(b)
(c)
(d)
the perpetrator forcibly displaces one or more persons, by expulsion or other coercive acts, from an
area in which the person or persons are lawfully present to another country or location; and
the forcible displacement is contrary to paragraph 4 of article 12 or article 13 of the Covenant; and
the perpetrator knows of, or is reckless as to, the factual circumstances that establish the lawfulness
of the presence of the person or persons in the area; 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)
(3)
Strict liability applies to paragraph (1)(b).
In sub-section (1)—
“forcibly displaces one or more persons” includes displaces one or more persons—
(a) by threat of force or coercion (such as that caused by fear of violence, duress, detention, psychological
oppression or abuse of power) against the person or persons or against another person; or
(b) by taking advantage of a coercive environment.
Crime against humanity—imprisonment or other severe deprivation of physical liberty
86.—(1) A person (the perpetrator) commits an indictable offence if—
(a)
(b)
(c)
the perpetrator imprisons one or more persons or otherwise severely deprives one or more persons of
physical liberty; and
the perpetrator’s conduct violates article 9, 14 or 15 of the Covenant; 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 paragraph (1)(b).
Crime against humanity—torture
87. A person (the perpetrator) commits an indictable offence if—
(a)
(b)
(c)
the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons who are
in the custody or under the control of the perpetrator; and
the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions;
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 25 years.
Crime against humanity—rape
88.—(1) A person (the perpetrator) commits an indictable offence if—
(a)
(b)
(c)
the perpetrator sexually penetrates another person without the consent of that person; and
the perpetrator knows of, or is reckless as to, the lack of consent; 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 25 years.
(2) A person (the perpetrator) commits an indictable offence if—
(a)
the perpetrator causes another person to sexually penetrate the perpetrator without the consent of the
other person; and