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The International Crimes Act, 2008
displacement of the persons concerned by expulsion or other coercive acts
from the area in which they are lawfully present, without grounds
permitted under international law;
(e) “Torture” means the intentional infliction of severe pain or suffering,
whether physical or mental, upon a person in the custody or under the
control of the 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 paragraph 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 Statute, 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.
Article 8
War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular
when committed as part of a plan or policy or as part of a large-scale
commission of such crimes.
2. For the purpose of this Statute, “war crimes” means:
(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
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