Article 6 Paragraph 1
Of the Rome Statute
The International Criminal Court
sets out for the act of killing
The crime of killing under the
article 6 is committed as a part
of the intent to destroy or
with the intent to destroy
a national, ethnic, racial or religious
group, as such, in other words
we join that paragraph with the Chapeau
with the definition of genocide
It's quite similar as a punishable act
to what we find in the first paragraphs
of the article 7 and 8
crimes against humanity and war crimes
all of them involving a crime of
homicide or of killing or of murder
that's associated with the contextual elements
of the crime
Ofcourse it probably seems obvious enough
they are not really difficult or controversial
than genocide because it involves the physical
extermination of the group rather than the
destruction of its culture
that at the core of this is of course going to be homicide in effect
killing and one might also add
because the crime must be intentional
it must be with the intent to destroy
as a very general proposition it is going to involve murder
that is intentional homicide
The courts have excluded cases of killing
associated with victims who were not members
of the punishable group or who were not intended or
were not understood by the perpetrators as the
members of the punishable group
Otherwise we basically in terms of applying
the notion of killing, follow the rules
that we know from ordinary criminal law,
from domestic criminal law
in terms of the crime of murder