A/HRC/13/31
(b)
The attack was targeting any civilian population;
(c)
This attack must have been widespread or systematic;
(d)
The perpetrator had knowledge of the attack.
11.
These same elements are repeated in article 7 (1) of the Statute of the
International Criminal Court which states: “For the purpose of this Statute, ‘crime
against humanity’ means any of the following acts when committed as part of a
widespread or systematic attack directed against any civilian population, with
knowledge of the attack.”
12.
The Statute of the International Criminal Court has been ratified by more
than 100 countries. In a landmark decision, Preliminary Chamber I of the
International Criminal Court extensively cited the Kunarac judgement to interpret
article 7 (1) (The Prosecutor v. Ahmad Muhammad Harun (“Ahmad Harun”) and
Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”), No. ICC-02/05-01/07,
Decision on the Prosecutor application under article 58 (7) of the Statute, 27 April
2007, paras. 60–62).
13.
It is also to be noted that article 7 (1) has been incorporated in the statutes of
other international and hybrid tribunals, including those of the Sierra Leone Special
Court, the Special Panels for Serious Crimes in Timor-Leste and the Extraordinary
Chambers in the Courts of Cambodia.
14.
The Working Group is thus convinced that the definition given by article 7
(1) of the Statute of the International Criminal Court now reflects customary
international law and can thus be used to interpret and apply the provisions of the
Declaration.
15.
When there are claims of practices of enforced disappearances which may
amount to crimes against humanity, the Working Group will evaluate these claims in
the light of the criteria listed in article 7 (1) of the Rome Statute, as interpreted by
international and hybrid tribunals, and, if appropriate, will refer them to the
competent authorities, be they international, regional or domestic.
III. Information concerning enforced or involuntary
disappearances in various countries and territories reviewed
by the Working Group on Enforced or Involuntary
Disappearances
Afghanistan
Number of
outstanding
cases at the
beginning of
the period
under review
3
12
Cases transmitted to the
Government during the period
under review: 0
Cases clarified during the period
under review: 0
Cases sent
under the
urgent action
procedure
Cases sent
under the
standard
procedure
0
0
Government
Nongovernmental
sources
Number of
outstanding
cases at the end
of the year
under review
0
0
3
GE.09-17704
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