1 00:00:00,480 --> 00:00:02,860 Article 6 Paragraph 3 2 00:00:02,860 --> 00:00:05,260 of the Rome Statute of the International Criminal Court 3 00:00:05,260 --> 00:00:09,080 consists of deliberately inflicting conditions of life 4 00:00:09,080 --> 00:00:12,680 calculated to destroy the group in whole or in part 5 00:00:12,680 --> 00:00:15,920 like the other punishable acts in article 6 6 00:00:15,920 --> 00:00:20,100 paragraph 3 has to be read reference to the introductory part of 7 00:00:20,100 --> 00:00:21,560 of the Chapeau 8 00:00:21,560 --> 00:00:24,000 So that the deliberate infliction of the conditions 9 00:00:24,000 --> 00:00:27,000 of life calculated to destroy the group in whole 10 00:00:27,000 --> 00:00:29,520 or in part has to be read together with the words 11 00:00:29,520 --> 00:00:33,200 any of the following acts committed with the intent 12 00:00:33,200 --> 00:00:36,080 to destroy in whole or in part a national, ethnic 13 00:00:36,080 --> 00:00:38,080 racial or religious group as such 14 00:00:38,080 --> 00:00:41,220 and we can see that the language in paragraph 3 15 00:00:41,220 --> 00:00:46,760 in some ways duplicates and or repeats some of the 16 00:00:46,760 --> 00:00:50,760 notions we find in the chapeau or the introductory paragraph 17 00:00:50,760 --> 00:00:54,360 In particular we have the notion of calculating 18 00:00:54,380 --> 00:00:58,080 to destroy which has been interpreted by 19 00:00:58,080 --> 00:01:01,500 the courts as referring to physical destruction 20 00:01:01,500 --> 00:01:09,340 The elements of crime which are the documents 21 00:01:09,340 --> 00:01:12,360 associated with the rome statute which amplifies 22 00:01:12,360 --> 00:01:14,980 somewhat the definitions or provides some details 23 00:01:14,980 --> 00:01:19,950 about them say the term conditions of life may include but not 24 00:01:19,950 --> 00:01:23,600 necessarily restricted to deliberate deploration 25 00:01:23,600 --> 00:01:26,660 of resources indispensable for survival such as 26 00:01:26,660 --> 00:01:31,600 food or medical services or systematic expulsion 27 00:01:31,600 --> 00:01:33,600 from home 28 00:01:33,600 --> 00:01:37,240 and this text is derived from one of the 29 00:01:37,240 --> 00:01:39,240 earliest decisions on genocide of the 30 00:01:39,240 --> 00:01:41,240 international criminal tribunal 31 00:01:41,240 --> 00:01:45,550 The International Court of Justice has also 32 00:01:45,550 --> 00:01:47,550 interpreted the elements of the definition of 33 00:01:47,550 --> 00:01:48,570 the genocide drawn from the article 2 of Genocide convention interpreted the elements of the definition of 34 00:01:48,570 --> 00:01:52,710 the genocide drawn from the article 2 of Genocide convention 35 00:01:52,710 --> 00:01:53,060 in this case but it is the same text as the the genocide drawn from the article 2 of Genocide convention 36 00:01:53,060 --> 00:01:54,400 in this case but it is the same text as the 37 00:01:54,400 --> 00:01:56,400 article 6 of the rome statute 38 00:01:56,400 --> 00:02:00,480 And let me quote from the international court of the justice 39 00:02:00,480 --> 00:02:02,750 Paragraph 3, quote, 40 00:02:02,750 --> 00:02:06,750 "Covers methods of physical destruction other than killing 41 00:02:06,750 --> 00:02:10,930 whereby the perpetrator ultimately seeks the death of the 42 00:02:10,930 --> 00:02:14,170 members of the group. Such methods of destruction include 43 00:02:14,170 --> 00:02:18,710 notably, deprivation of food, medical care, shelter or clothing 44 00:02:18,710 --> 00:02:23,280 as well as lack of hygiene, systematic expulsion from homes 45 00:02:23,280 --> 00:02:26,400 or exhaustion as a result of excessive work 46 00:02:26,400 --> 00:02:28,400 or physical exertion