LL
3
(g) The State recognizes that the application of the
provisions of this Act shall not affect the legal status of the
parties to a conflict, nor give an implied recognition of the
status of belligerency.
CHAPTER Il
DEFINITION OF TERMS
SEC. 3. For purposes of this Act, the term:
(a) “Apartheid” means inhumane acts committed in the
context of an institutionalized regime of systematic oppression.
and domination by one racial group or groups and committed
(e) “Attack directed against any civilian population”
means acourse of conduct involving the multiple commission
of acts referred to in Section 6 of this Act against any civilian
population, pursuant to or in furtherance of a State or
organizational policy to commit such attack.
(f) “Effective command and control” or “effective authority
and control” means having the material ability to prevent and
punish the commission of offences by subordinates.
(g) “Enforced or involuntary 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 followed by a refusal to acknowledge
with the intention of maintaining that regime.
that deprivation of freedom or to give information on the fate
or whereabouts of those persons, with the intention of
(b) “Arbitrary deportation or forcible transfer of
population” means forced displacement of the persons
period of time.
removing them from the protection of the law for a prolonged
concerned by expulsion or other coercive acts from the area
in which they are lawfully present, without grounds permitted
under domestic or international law.
(h) “Enslavement” means the exercise of any orall of the
powersattaching to the right of ownership over a person and
includes the exercise of such powerin the course of trafficking
(c) “Armed conflict” means any use of force or armed
violence between States or a protracted armed violence between
governmental authorities and organized armed groups or
conditionsoflife, inter alia, the deprivation of access to food
between such groups within a State: Provided, That such
force or armed violence gives rise, or may give rise, to a
situation to which the Geneva Conventions of 12 August 1949,
including their common Article 3, apply. Armed conflict may
be international, that is, between two (2) or more States,
including belligerent occupation; or non-international, thatis,
between governmental authorities and organized armed groups
or between such groups within a State. It does not cover
internal disturbances or tensions such as riots, isolated and
sporadic acts of violence or other acts of a similar nature.
(a)
“Armed forces” means all organized armed forces,
in persons, in particular women and children.
(i) “Extermination” means the intentional infliction of
and medicine, calculated to bring about the destruction of a
part of a population.
G) “Forced pregnancy” means the unlawful confinement
of a womanto be forcibly made pregnant, with the intent of
affecting the ethnic composition of any population or carrying
out other grave violations of international law.
{k) “Hors de combat” means a person who:
(1) is in the power of an adverse party;
groups and units that belong to a party to an armed conflict
(2) has clearly expressed an intention to surrender; or
to an internal disciplinary system which enforces compliance
incapacitated by wounds or sickness and therefore is incapable
which are under a command responsible to that party for the
conduct of its subordinates. Such armed forces shall be subject
with International Humanitarian Law.
(3) has been rendered unconscious or otherwise
of defending himself: Provided, That in any of these cases,