LEGAL FACT

ELEMENTS OF CRIMES AGAINST HUMANITY(PART 1: Genocide)

Elements of Crimes
Article 6

Genocide:

Introduction:

With respect to the last element listed for each crime:
(a) The term “in the context of” would include the initial acts in an emerging pattern;
(b) The term “manifest” is an objective qualification;
(c) Notwithstanding the normal requirement for a mental element provided for in
article 30, and recognizing that knowledge of the circumstances will usually be addressed in proving
genocidal intent, the appropriate requirement, if any, for a mental element regarding this circumstance will
need to be decided by the Court on a case-by-case basis.

Article 6 (a)
Genocide by killing

Elements:

1. The perpetrator killed
one or more persons.
2. Such person or persons belonged to a particular national, ethnical, racial or religious group.
3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as
such.
4. The conduct took place in the context of a manifest pattern of similar conduct directed against that group
or was conduct that could itself effect such destruction.

Article 6 (b)
Genocide by causing serious bodily or mental harm
(Elements):

1. The perpetrator caused serious bodily or mental harm to one or more persons.
2. Such person or persons belonged to a particular national, ethnical, racial or religious group.
3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as
such.
4. The conduct took place in the context of a manifest pattern of similar conduct directed against that group
or was conduct that could itself effect such destruction.

Article 6 (c)

Genocide by deliberately inflicting conditions of life calculated to bring about physical destruction

(Elements)

1. The perpetrator inflicted certain conditions of life upon one or more persons.
2. Such person or persons belonged to a particular national, ethnical, racial or religious group.
3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as
such.
4. The conditions of life were calculated to bring about the physical destruction of that group, in whole or inpart.
5. The conduct took place in the context of a manifest pattern of similar conduct directed against that group
or was conduct that could itself effect such destruction.
6. The term “killed” is interchangeable with the term “caused death”.
7. This conduct may include, but is not necessarily restricted to, acts of torture, r**e, sexual violence or inhuman or degrading treatment.
8.The term “conditions of life” may include, but is not necessarily restricted to, deliberate deprivation of resources indispensable for survival,such as food or medical services, or systematic expulsion from homes.

Article 6 (d)

Genocide by imposing measures intended to prevent births
(Elements)

1. The perpetrator imposed certain measures upon one or more persons.
2. Such person or persons belonged to a particular national, ethnical, racial or religious group.
3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as
such.
4. The measures imposed were intended to prevent births within that group.
5. The conduct took place in the context of a manifest pattern of similar conduct directed against that group
or was conduct that could itself effect such destruction.

Article 6 (e)

Genocide by forcibly transferring children
(Elements)

1. The perpetrator forcibly transferred one or more persons.5
2. Such person or persons belonged to a particular national, ethnical, racial or religious group.
3. The perpetrator intended to destroy, in whole or in part, that national, ethnical, racial or religious group, as
such.
4. The transfer was from that group to another group.
5. The person or persons were under the age of 18 years.
6. The perpetrator knew, or should have known, that the person or persons were under the age of 18 years.
7. The conduct took place in the context of a manifest pattern of similar conduct directed against that group
or was conduct that could itself effect such destruction.

Recognised Genocide as per UN(international organisations):

1. genocide against the Tutsi in Rwanda( 7 April 1994- 4 July 1994): Over 1 Million Tutsis were killed.
2. The Holocaust(1939-1945) Over 6 Million jews were killed
3. Srebrenica Genocide(1995).

Source by International Criminal Court and United Nations

LEGAL SEPARATION AND DIVORCE

Most of the people confuses this 2 terms but are not the same;

1. Legal separation: The court can pronounce a Judgement of legal separation for a specific period(i.e 2 years or 3 years) this can be asked by Both spouse by mutual agreement and provide grounds for child custody and alimony. So, here marriage is remain valid and no any spouse can have right to remarry.

2. Divorce: Through agreement of both spouse or any interested person file a divorce by basing on a legally ground bases which totally different in different jurisdictions especially such as Adultery,emotional abuse,guilty of felony crimes(Rape,crimes against humanity),etc. so, this end marriage and after pronouncement of final divorce judgement, now spouse are allowed to remarry again.

Did you know this principle of territorial jurisdiction of courts?

1. Lotus Principle: This was case that was brought by France VS Turkey in 1927. where by on second August 1926 the S.S L otus, A french streamer captain in high seas water ws collided with S.S Bozkourt, a Turkish streamer, in A region of north of mythliene(Greece). This result the death of around 8 turkish under this incidence. Where by Bozkourt was torn apart by Lotus.
Turkey arrest captain Lotus and plead in Turkish courts. and hence France appeal In Permanent Court of Justice that Turkish government is not eligible to do extraterritorial jurisidication outside the turkish territory. Then Permanent court of justice in 1927 proves that Turkey have capacity to Jurisdiction because there is no clear laws regulates territoral jurisdiction in high seas.

Writter: NDIKUMANA Gilbert

tips and knowledge with Gilbert

GENERAL REQUIREMENTS FOR FORMATION OF CONTRACT:

1. mutual consent: both parties are required to have agreement while made a contract in different perspective( e.g: Sale and lease agreement with exchange of agreed amount of money or other item: person A agreed to exchange property to person B amounted price of USD 1 million)

2. Capacity to Contract: A natural person and juristic person may be fully or partial may vary with nature of the contract and have a legal capacity unless he is under guardianship,minor or Mentally ill.

N.B: in case, You sign a contract with legal incapacitated such as minor, or under guardianship, contract is null and void

3. Object matter of the contract: Matter of contract( e.g: Sale and lease agreement, employment contract,etc)

4. Licit clause: Contract must have valid reasonable grounds and legally-binded. If law is contrary to the Law of country, public morals and order, Human rights. is not acceptable and it is Nullified. Hence the Licit cause is differed in different jurisdication.

e.g: Agreement such as illegal acts like human trafficking,drug abuse, cyber crimes is null and void. and might lead to punishment in prison.



Writer: NDIKUMANA Gilbert

THE KEY LEGAL AND BEHAVIORAL TERMS IN CRIMINOLOGY:

1. Actus reus: The physical guilty act of a crime(e.g: assault, battery)

2. Mens Rea: the mental guilty mind or criminal intent(Manslaughter)

3. Felony: A serious crime(e.g murder,r**e,human trafficking,drug trafficking) usually punishable by imprisonment for more than 1 year

4.Misdeameanor: A minor crime, less serious than a felony

5. Motive: the reason for committing a crime

6. Intent: the purpose or plan to commit a specific act

Legal knowledge by NDIKUMANA Gilbert

IMPORTANCE OF LAW IN OUR SOCIETY:

Ubi Socitas Ubi Jus(Where there is society,there is Law)

1.Live in Harmony: Where law is established brongs positive relationship

2. Brings Order and stability in society

3. Regulate behaviour.

tips by NDIKUMANA Gilbert

Did you know?

In criminal Law, You can not be prosecuted for crime which is committed when there is no written Law punished it as a crime.
(No Law, No crime: )

Crime is what written in criminal book.
In case law is legally-binded, any Acts of commits crimes which is existed in written law it is prohibited and punishable by the Law.

Writter:NDIKUMANA Gilbert

6 IMPORTANT LEGAL SOURCES ACROSS THE DIFFERENT JURISDICTION:

1. constitution: supreme law in country or land, any law must be conform with constitution unless declared null and void by supreme court(judicial authority)

2. Organic laws(Legislations and statutes): Laws that is passed by legislative body i.e Parliementarians is enforceable and legally binded. so written and codified laws are take precedents to other sources except Constitutions.

3. Case Law: Laws are created by judges from court judgement decisions under staris decisis. where by Lower courts are bound by Higher courts decisions. it means that Supreme courts preveals other lower courts decision.

4. Executive orders: adminstration set regulations and orders to be authorised by legislation. once it is passed, it is legally binded.

5. International treaties: international instruments designed and negotiated between countries such ICJ statutes, UN ICCPR,etc that law are ratified and become enganged in domestic laws on country member states that signatories on declarations on this international instruments. (This makes work to bound on law which is essential such Human rights, And makes collaborative settings in legal framework)

6. Customary laws: Long standing customs or practices that are generally accepted and binding in a given community or country. but Customary law can not contradict written laws, Public order and good morals of given country.

tip day 2

WRITTEN BY: NDIKUMANA Gilbert

IMPORTANT LATIN MAXIM BY NDIKUMANA Gilbert:

DAY 1(24/03/2026)

Ignorantia Juris non excusat(Ignorance of the Law excuse not):

once A law is published in official legal institution, none can contradict a law and is liable when violates a regution and Law.
so, Every citizen irrespective of their backgrounds have duty to know Law.
so, The law helps to regulates behaviour of society or Community.
once law is published is accessible to all citizens regardless of their background.

tips of Day 1