Criminal Code (Cap. 9)
Criminal Code (Cap. 9), article 54C
54C. (1) A crime against humanity is committed where any of
the following acts is committed as part of a widespread or
systematic attack directed agains t any civilian population, wit h
knowledge of the attack:
(a)m u r d e r ;
(b) extermination;
(c) enslavement;
(d) deportation or forcible transfer of population;
(e) imprisonment or other sev ere deprivation of physical
liberty in violation of fundamental rules of
international law;
(f)t o r t u r e ;
(g) rape, sexual slavery, enf orced prostitution, forced
pregnancy, enforced sterilization, or any other form of
sexual violence of comparable gravity;
(h) persecution against any identifiable group or
collectivity on political, racial, national, ethnic,
cultural, religious, gender as defined in sub-article (3),
or other grounds that ar e universally recognized as
impermissible under international law, in connection
with any act referre d to in this sub-article or any crime
under article 54A;
(i) enforced disappear ance of persons;
(j) the crime of apartheid;
(k) other inhumane acts of a similar character
intentionally causing great suffering, or serious injury
to body or to mental or physical health.
(2) For the purpose of sub-article (1) -
(a) ''attack directed against any civilian population'' means
a course of conduct involving the multiple commission
of acts referred to in sub-article (1) against any
civilian population, pursuant to or in furtherance of a
State or organizational pol icy to commit such attack;
(b) ''extermination'' includes the intentional infliction of
conditions of life, inter alia the deprivation of access
to food and medicine, calculated to bring about the
destruction of part of a population;
(c) ''enslavement'' means the ex ercise of any or all of the
powers attaching to the right of ownership over a
person and includes the exer cise of such power in the
course of trafficking in persons, in particular women
and children;
(d) ''deportation or forcible transfer of population'' means
forced displacement of the persons concerned by
expulsion or other coercive acts from the area in which
they are lawfully present, without grounds permitted
under international law;
40 CAP. 9.] CRIMINAL CODE
(e) ''torture'' means the intentional infliction of severe
pain or suffering, whether physical or mental, upon a
person in the custody or under the control of the
accused; except that torture shall not include pain or
suffering arising only from, inherent in or incidental
to, lawful sanctions;
(f) ''forced pregnancy'' mean s the unlawful confinement
of a woman forcibly made pregnant, with the intent of
affecting the ethnic composition of any population or
carrying out other grave violations of international
law. This definition shall not in any way be interpreted
as affecting national laws relating to pregnancy;
(g) ''persecution'' means the intentional and severe
deprivation of fundamental rights contrary to
international law by reason of the identity of the group
or collectivity;
(h) ''the crime of apartheid '' means inhumane acts of a
character similar to those referred to in sub-article (1),
committed in the context of a n institutionalized regime
of systematic oppression and domination by one racial
group over any other raci al group or groups and
committed with the intention of maintaining that
regime;
(i) ''enforced disappearance of persons'' means the arrest,
detention or abduction of persons by, or with the
authorization, support or acquiescence of, a State or a
political organization, f o l l o w e d b y a r e f u s a l t o
acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those
persons, with the intention of removing them from the
protection of the law for a prolonged period of time.
(3) For the purpose of this Title, it is understood that the ter m
''gender'' refers to the two sexe s, male and female, within the
context of society. The term ''gender'' does not indicate any
meaning different from the above.
War crimes.
Added by:
XXIV .2002.13.
Amended by:
XXIV .2014.11.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.