The International Criminal Court Act 2001 (Elements of Crimes) Regulations 2001

Article 7(1)(b) Crime against humanity of extermination

Elements

1.  The perpetrator killed(1) one or more persons, including by inflicting conditions of life calculated to bring about the destruction of part of a population(2).

2.  The conduct constituted, or took place as part of(3), a mass killing of members of a civilian population.

3.  The conduct was committed as part of a widespread or systematic attack directed against a civilian population.

4.  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.

(1)

The conduct could be committed by different methods of killing, either directly or indirectly.

(2)

The infliction of such conditions could include the deprivation of access to food and medicine.

(3)

The term “as part of” would include the initial conduct in a mass killing.