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Paragraph 6 2 of the Rome Statue 

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of the International Criminal court

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sets out the punishable act in genocide 

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of causing the serious bodily mental harm 

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to members of the group

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and again we have to refer as

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we did in paragraph 1 and other paragraphs

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that follow to the definition in the Chapeau

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The introductory paragraph of article 6

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So that the causing of serious bodily or mental harm 

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to members of the group has to be done with the 

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intent to destroy in whole or in part national, ethnic

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racial or religious group as such

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We have to first pay attention to the word

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serious, because it is not any form of bodily or mental harm 

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at the same time it does not have to be harm

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that causes physical impairment, that's obvious

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from the use of the term mental harm

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In the interpretation of this 

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courts have looked at acts like torture, sexual violence and rape

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in particular as acts that would fall within the 

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heading of paragraph 2 of article 6 of the definition in

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the elements of crime which is the document annexed

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the rome statute that includes some more specific

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some precision about what the definitions 

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of the crimes mean.

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We find the following text, I quote 

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"This conduct may include but is 

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not necessarily restricted to acts of torture, rape,

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sexual violence or inhumane or degrading treatment. 

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And in particular in the case law of International Criminal Tribunal

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for a longer applying a definition of genocide 

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that's identical to that of the article 6 of the rome statue

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The judges of tribunal have ruled that the acts of rape

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could be acts considered to be acts of genocide 

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within the meaning of the definition.