Bill C-19
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2nd Session, 36th Parliament, 48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-19 |
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An Act respecting genocide, crimes against
humanity and war crimes and to
implement the Rome Statute of the
International Criminal Court, and to
make consequential amendments to
other Acts
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Crimes
Against Humanity Act.
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INTERPRETATION |
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Definitions
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2. (1) The definitions in this subsection
apply in this Act.
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``conventional
international
law'' « droit international convention- nel »
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``conventional international law'' means any
convention, treaty or other international
agreement
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``International
Criminal
Court'' « Cour pénale internatio- nale »
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``International Criminal Court'' means the
International Criminal Court established by
the Rome Statute.
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``official'' « fonction- naire »
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``official'', in respect of the International
Criminal Court, means the Prosecutor,
Registrar, Deputy Prosecutor and Deputy
Registrar, and the staff of the organs of the
Court.
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``Rome
Statute'' « Statut de Rome »
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``Rome Statute'' means the Rome Statute of
the International Criminal Court adopted by
the United Nations Diplomatic Conference
of Plenipotentiaries on the Establishment of
an International Criminal Court on July 17,
1998, as corrected by the procès-verbaux of
November 10, 1998 and July 12, 1999,
portions of which are set out in the schedule.
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Words and
Expressions
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(2) Unless otherwise provided, words and
expressions used in this Act have the same
meaning as in the Criminal Code.
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HER MAJESTY |
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Binding on
Her Majesty
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3. This Act is binding on Her Majesty in
right of Canada or a province.
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OFFENCES WITHIN CANADA |
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Genocide,
etc.,
committed in
Canada
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4. (1) Every person is guilty of an indictable
offence who commits
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Punishment
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(2) Every person who commits an offence
under subsection (1)
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Definitions
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(3) The definitions in this subsection apply
in this section.
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``crime
against
humanity'' « crime contre l'humanité »
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``crime against humanity'' has the same
meaning as in article 7 of the Rome Statute.
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``genocide'' « génocide »
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``genocide'' has the same meaning as in article
6 of the Rome Statute.
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``war crime'' « crime de guerre »
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``war crime'' has the same meaning as in
paragraph 2 of article 8 of the Rome Statute.
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Breach of
responsibility
by military
commander
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5. (1) A military commander commits an
indictable offence if
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Breach of
responsibility
by a superior
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(2) A superior commits an indictable
offence if
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Punishment
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(3) Every person who commits an offence
under subsection (1) or (2) is liable to
imprisonment for life.
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Definitions
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(4) The definitions in this subsection apply
in this section.
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``military
commander'' « chef militaire »
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``military commander'' includes a person
effectively acting as a military commander
and a person who commands police with a
degree of authority and control comparable
to a military commander.
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``superior'' « supérieur »
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``superior'' means a person in authority, other
than a military commander.
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OFFENCES OUTSIDE CANADA |
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Genocide,
etc.,
committed
outside
Canada
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6. (1) Every person who, either before or
after the coming into force of this section,
commits outside Canada
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is guilty of an indictable offence and may be
prosecuted for that offence in accordance with
section 8.
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Punishment
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(2) Every person who commits an offence
under subsection (1)
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Definitions
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(3) The definitions in this subsection apply
in this section.
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``crime
against
humanity'' « crime contre l'humanité »
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``crime against humanity'' means murder,
extermination, enslavement, deportation,
imprisonment, torture, sexual violence,
persecution or any other inhumane act or
omission that at the time and in the place of
its commission, constitutes a crime against
humanity according to customary
international law or conventional
international law or by virtue of its being
criminal according to the general principles
of law recognized by the community of
nations, whether or not it constitutes a
contravention of the law in force at the time
and in the place of its commission.
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``genocide'' « génocide »
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``genocide'' means an act or omission
committed with intent to destroy, in whole
or in part, an identifiable group of persons,
as such, that at the time and in the place of
its commission, constitutes genocide
according to customary international law or
conventional international law or by virtue
of its being criminal according to the
general principles of law recognized by the
community of nations, whether or not it
constitutes a contravention of the law in
force at the time and in the place of its
commission.
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``war crime'' « crime de guerre »
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``war crime'' means an act or omission
committed during an armed conflict that, at
the time and in the place of its commission,
constitutes a war crime according to
customary international law or
conventional international law applicable
to armed conflicts, whether or not it
constitutes a contravention of the law in
force at the time and in the place of its
commission.
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Interpretation
- customary
international
law
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(4) For greater certainty, crimes described
in articles 6 and 7 and paragraph 2 of article 8
of the Rome Statute are, as of July 17, 1998,
crimes according to customary international
law, and may be crimes according to
customary international law before that date.
This does not limit or prejudice in any way the
application of existing or developing rules of
international law.
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Interpretation
- crimes
against
humanity
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(5) For greater certainty, the offence of
crime against humanity was part of customary
international law or was criminal according to
the general principles of law recognized by the
community of nations before the coming into
force of either of the following:
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Breach of
responsibility
by military
commander
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7. (1) A military commander commits an
indictable offence if
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Breach of
responsibility
by a superior
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(2) A superior commits an indictable
offence if
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Jurisdiction
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(3) A person who is alleged to have
committed an offence under subsection (1) or
(2) may be prosecuted for that offence in
accordance with section 8.
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Punishment
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(4) Every person who commits an offence
under subsection (1) or (2) is liable to
imprisonment for life.
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Application
before coming
into force
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(5) Where an act or omission constituting an
offence under this section occurred before the
coming into force of this section,
subparagraphs (1)(a)(ii) and (2)(a)(ii) apply to
the extent that, at the time and in the place of
the act or omission, the act or omission
constituted a contravention of customary
international law or conventional
international law or was criminal according to
the general principles of law recognized by the
community of nations, whether or not it
constituted a contravention of the law in force
at the time and in the place of its commission.
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Definitions
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(6) The definitions in this subsection apply
in this section.
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``military
commander'' « chef militaire »
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``military commander'' includes a person
effectively acting as a military commander
and a person who commands police with a
degree of authority and control comparable
to a military commander.
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``superior'' « supérieur »
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``superior'' means a person in authority, other
than a military commander.
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Jurisdiction
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8. A person who is alleged to have
committed an offence under section 6 or 7 may
be prosecuted for that offence if
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