Crimes Against Humanity and War Crimes Act (S.C. 2000, c. 24)

Act current to 2019-06-20

Offences Outside Canada

Marginal note:Genocide, etc., committed outside Canada

  •  (1) Every person who, either before or after the coming into force of this section, commits outside Canada

    • (a) genocide,

    • (b) a crime against humanity, or

    • (c) a war crime,

    is guilty of an indictable offence and may be prosecuted for that offence in accordance with section 8.

  • Marginal note:Conspiracy, attempt, etc.

    (1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) or (1.1)

    • (a) shall be sentenced to imprisonment for life, if an intentional killing forms the basis of the offence; and

    • (b) is liable to imprisonment for life, in any other case.

  • Marginal note:Definitions

    (3) The definitions in this subsection apply in this section.

    crime against humanity

    crime against humanity means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and 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. (crime contre l’humanité)

    genocide

    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. (génocide)

    war crime

    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. (crime de guerre)

  • Marginal note:Interpretation — customary international law

    (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.

  • Marginal note:Interpretation — crimes against humanity

    (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:

    • (a) the Agreement for the prosecution and punishment of the major war criminals of the European Axis, signed at London on August 8, 1945; and

    • (b) the Proclamation by the Supreme Commander for the Allied Powers, dated January 19, 1946.

Marginal note:Breach of responsibility by military commander

  •  (1) A military commander commits an indictable offence if

    • (a) the military commander, outside Canada,

      • (i) fails to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 4, or

      • (ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective command and control or effective authority and control, and as a result the person commits an offence under section 6;

    • (b) the military commander knows, or is criminally negligent in failing to know, that the person is about to commit or is committing such an offence; and

    • (c) the military commander subsequently

      • (i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or 6, or

      • (ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

  • Marginal note:Breach of responsibility by a superior

    (2) A superior commits an indictable offence if

    • (a) the superior, outside Canada,

      • (i) fails to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 4, or

      • (ii) fails, before or after the coming into force of this section, to exercise control properly over a person under their effective authority and control, and as a result the person commits an offence under section 6;

    • (b) the superior knows that the person is about to commit or is committing such an offence, or consciously disregards information that clearly indicates that such an offence is about to be committed or is being committed by the person;

    • (c) the offence relates to activities for which the superior has effective authority and control; and

    • (d) the superior subsequently

      • (i) fails to take, as soon as practicable, all necessary and reasonable measures within their power to prevent or repress the commission of the offence, or the further commission of offences under section 4 or 6, or

      • (ii) fails to take, as soon as practicable, all necessary and reasonable measures within their power to submit the matter to the competent authorities for investigation and prosecution.

  • Marginal note:Conspiracy, attempt, etc.

    (2.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or counsels in relation to, an offence referred to in subsection (1) or (2) is guilty of an indictable offence.

  • Marginal note:Jurisdiction

    (3) A person who is alleged to have committed an offence under subsection (1), (2) or (2.1) may be prosecuted for that offence in accordance with section 8.

  • Marginal note:Punishment

    (4) Every person who commits an offence under subsection (1), (2) or (2.1) is liable to imprisonment for life.

  • Marginal note:Application before coming into force

    Footnote *(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.

  • Marginal note:Definitions

    (6) The definitions in this subsection apply in this section.

    military commander

    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. (chef militaire)

    superior

    superior means a person in authority, other than a military commander. (supérieur)

Marginal note:Jurisdiction

 A person who is alleged to have committed an offence under section 6 or 7 may be prosecuted for that offence if

  • (a) at the time the offence is alleged to have been committed,

    • (i) the person was a Canadian citizen or was employed by Canada in a civilian or military capacity,

    • (ii) the person was a citizen of a state that was engaged in an armed conflict against Canada, or was employed in a civilian or military capacity by such a state,

    • (iii) the victim of the alleged offence was a Canadian citizen, or

    • (iv) the victim of the alleged offence was a citizen of a state that was allied with Canada in an armed conflict; or

  • (b) after the time the offence is alleged to have been committed, the person is present in Canada.

 
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