Article 6 Paragraph 3
of the Rome Statute of the International Criminal Court
consists of deliberately inflicting conditions of life
calculated to destroy the group in whole or in part
like the other punishable acts in article 6
paragraph 3 has to be read reference to the introductory part of
of the Chapeau
So that the deliberate infliction of the conditions
of life calculated to destroy the group in whole
or in part has to be read together with the words
any of the following acts committed with the intent
to destroy in whole or in part a national, ethnic
racial or religious group as such
and we can see that the language in paragraph 3
in some ways duplicates and or repeats some of the
notions we find in the chapeau or the introductory paragraph
In particular we have the notion of calculating
to destroy which has been interpreted by
the courts as referring to physical destruction
The elements of crime which are the documents
associated with the rome statute which amplifies
somewhat the definitions or provides some details
about them say the term conditions of life may include but not
necessarily restricted to deliberate deploration
of resources indispensable for survival such as
food or medical services or systematic expulsion
from home
and this text is derived from one of the
earliest decisions on genocide of the
international criminal tribunal
The International Court of Justice has also
interpreted the elements of the definition of
the genocide drawn from the article 2 of Genocide convention interpreted the elements of the definition of
the genocide drawn from the article 2 of Genocide convention
in this case but it is the same text as the the genocide drawn from the article 2 of Genocide convention
in this case but it is the same text as the
article 6 of the rome statute
And let me quote from the international court of the justice
Paragraph 3, quote,
"Covers methods of physical destruction other than killing
whereby the perpetrator ultimately seeks the death of the
members of the group. Such methods of destruction include
notably, deprivation of food, medical care, shelter or clothing
as well as lack of hygiene, systematic expulsion from homes
or exhaustion as a result of excessive work
or physical exertion