Crimes against humanity, genocide, Nuremberg Tribunal, UN Convention 1948, French Penal Code, life imprisonment, provocation to genocide, civilian populations, combatants
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Abstract
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Abstract
This document outlines crimes against humanity and genocide, their definitions, and penalties under French law, referencing the Nuremberg Tribunal and the 1948 UN Convention.
Extract
[...] The crime of genocide Art. 211-1 C. penal defines genocide and reprises the definition given by the International Convention of 9 Dec. 1948. - This latter provides that « Constitute a genocide the fact, in execution of a concerted plan tending to the destruction total or partial of a group national, ethnic, racial or religious, or a particular group from any other arbitrary criterion, to commit or to make someone commit, against members of this group, one of the following acts : - Voluntary attack on life; - Serious attack on physical or psychological integrity - Submission to conditions of existence that are likely to lead to the total or partial destruction of the group - Measures aimed at hindering births - Forced transfer of children a. [...]
[...] It is provided by art. 113-2 C. penal. What about universal jurisdiction ? Art. 689-11 C. penal provides for the competence of French penal jurisdictions for judging this type of crime if certain conditions are met. 4 conditions : - Residence habituelle in France of the author - Double incrimination in the country and in the world - Pre-trial request of the Public Ministry - Pre-trial declaration of incompentence of the ICC Crimes against humanity are imprescriptible. However, the the crime of incitement to genocide is prescribable by 6 years from the day the offence is committed. [...]
[...] Whether it is a crime or a misdemeanor, complicity is punishable according to the rules of common law. However, the the law of 9 August 2010 has integrated two particular cases of complicity by abstention. Art. 213-4-1 C. penal provides for the complicity by abstention of a military chief or of a superior hierarchical who knew or should have known that his subordinate was going to commit a genocide and that he did not had not taken the necessary measures to prevent it. [...]
[...] SECTION CRIMES AGAINST HUMANITY The repression of crimes against humanity is part of a international and historical context. The definition has therefore been given by art of the London Agreement of 1945 as being: - « The assassination, extermination, reduction to slavery, deportation and any other inhumane act committed against all civilian population before or during the war or well the persecutions for political or religious motives when these acts or persecutions, whether or not they constituted a violation of the internal law of the country where they were perpetrated, were committed as a result of all crimes falling within the jurisdiction of the Tribunal or in connection with this crime ». [...]
[...] penal has decided thatthe public and direct provocation by all means to commit genocide, is punished with life imprisonment if this provocation has been followed by effects ». ??This offense first requires a genocide (cf. definition) : it is therefore a infraction of provocation. - Provocation consists in inciting a person to do something; provocation that can go from the simple suggestion to a a real incitement close to coercion. If one looks art. 211-2 C. penal, the private provocation is not punished under this title ; only public and direct provocation as foreseen by the Penal Code. [...]
