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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