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

Article 7(1)(d) Crime against humanity of deportation or forcible transfer of population

Elements

1.  The perpetrator deported or forcibly(1) transferred(2), without grounds permitted under international law, one or more persons to another State or location, by expulsion or other coercive acts.

2.  Such person or persons were lawfully present in the area from which they were so deported or transferred.

3.  The perpetrator was aware of the factual circumstances that established the lawfulness of such presence.

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

5.  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 term “forcibly” is not restricted to physical force, but may include threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power against such person or persons or another person, or by taking advantage of a coercive environment.

(2)

“Deported or forcibly transferred” is interchangeable with “forcibly displaced”.