CILRAP » Case Matrix Network » CMN Knowledge Hub » Means of Proof Digest » Art. 7 Crimes against humanity » Art. 7(1)(j) Apartheid
Art. 7(1)(j) Crime against humanity of apartheid
- 1. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
- 2. [Mental element, specific] The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
- 3. The conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction
- 4. [Mental element for element 3] [Circumstance of context] The perpetrator was aware that the conduct took place in the context of a manifest pattern of similar conduct directed against that group or was conduct that could itself effect such destruction
- 5. The perpetrator committed an inhumane act against one or more persons.
- 6. Such act was an act referred to in article 7, paragraph 1, of the Statute, or was an act of a character similar to any of those acts.29
- 7. [Particular mental element for Element 4] The perpetrator was aware of the factual circumstances that established the character of the act.
- 8. The conduct was committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups.
- 9. [Mental element, specific] The perpetrator intended to maintain such regime by that conduct.
- 10a. [Mental Element for Element 5] [Conduct of committing an inhumane act against one or more persons:] The perpetrator meant to engage in committing an inhumane act against one or more persons.
- 10.b.i [Mental element for Element 5] [Consequence of committing an inhumane act against one or more persons]: The perpetrator meant to commit an inhumane act against one or more persons; OR
- 10.b.ii [Mental element for Element 5] [Consequence of committing an inhumane act against one or more persons]: The perpetrator was aware that an inhumane act against one or more persons would be committed in the ordinary course of events.
- 11.c [Mental Element for Element 6] [Circumstance of conduct being committed in the context of an institutionalized regime of systematic oppression and domination ]: The perpetrator was aware that the conduct was committed in the context of an institution
