1 00:00:00,960 --> 00:00:03,000 Article 6 Paragraph 1 2 00:00:03,460 --> 00:00:04,300 Of the Rome Statute 3 00:00:04,300 --> 00:00:06,660 The International Criminal Court 4 00:00:07,160 --> 00:00:09,000 sets out for the act of killing 5 00:00:10,460 --> 00:00:12,540 The crime of killing under the 6 00:00:12,540 --> 00:00:15,720 article 6 is committed as a part 7 00:00:15,720 --> 00:00:18,120 of the intent to destroy or 8 00:00:18,120 --> 00:00:20,120 with the intent to destroy 9 00:00:20,120 --> 00:00:23,020 a national, ethnic, racial or religious 10 00:00:23,020 --> 00:00:26,280 group, as such, in other words 11 00:00:26,280 --> 00:00:28,740 we join that paragraph with the Chapeau 12 00:00:28,740 --> 00:00:30,740 with the definition of genocide 13 00:00:30,740 --> 00:00:33,300 It's quite similar as a punishable act 14 00:00:33,300 --> 00:00:35,300 to what we find in the first paragraphs 15 00:00:35,300 --> 00:00:37,760 of the article 7 and 8 16 00:00:37,760 --> 00:00:41,020 crimes against humanity and war crimes 17 00:00:41,020 --> 00:00:44,280 all of them involving a crime of 18 00:00:44,280 --> 00:00:46,820 homicide or of killing or of murder 19 00:00:46,840 --> 00:00:49,980 that's associated with the contextual elements 20 00:00:49,980 --> 00:00:51,980 of the crime 21 00:00:51,980 --> 00:00:54,860 Ofcourse it probably seems obvious enough 22 00:00:54,860 --> 00:00:57,100 they are not really difficult or controversial 23 00:00:57,100 --> 00:01:01,100 than genocide because it involves the physical 24 00:01:01,100 --> 00:01:04,260 extermination of the group rather than the 25 00:01:04,260 --> 00:01:05,520 destruction of its culture 26 00:01:05,520 --> 00:01:10,400 that at the core of this is of course going to be homicide in effect 27 00:01:10,400 --> 00:01:13,140 killing and one might also add 28 00:01:13,140 --> 00:01:15,960 because the crime must be intentional 29 00:01:15,960 --> 00:01:17,960 it must be with the intent to destroy 30 00:01:17,960 --> 00:01:22,320 as a very general proposition it is going to involve murder 31 00:01:22,320 --> 00:01:24,820 that is intentional homicide 32 00:01:24,820 --> 00:01:29,520 The courts have excluded cases of killing 33 00:01:29,520 --> 00:01:33,820 associated with victims who were not members 34 00:01:33,820 --> 00:01:36,780 of the punishable group or who were not intended or 35 00:01:36,780 --> 00:01:38,400 were not understood by the perpetrators as the 36 00:01:38,400 --> 00:01:40,400 members of the punishable group 37 00:01:40,400 --> 00:01:44,680 Otherwise we basically in terms of applying 38 00:01:44,680 --> 00:01:47,280 the notion of killing, follow the rules 39 00:01:47,280 --> 00:01:51,100 that we know from ordinary criminal law, 40 00:01:51,100 --> 00:01:52,660 from domestic criminal law 41 00:01:52,660 --> 00:01:55,080 in terms of the crime of murder