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More than authors from all continents. Historical Origins of International Criminal Law. Philosophical Foundations of International Criminal Law. Four-page briefs on policy challenges in international law. An online library. Online library on integrity in international justice. The perpetrator killed8 one or more persons, including by inflicting conditions of life calculated to bring about the destruction of part of a population.
The conduct could be committed by different methods of killing, either directly or indirectly. The infliction of such conditions could include the deprivation of access to food and medicine. Evidence of death caused by conditions of life in detention centres. Evidence of death caused by conditions of life in ghettos. Evidence of death caused by deprivation of medical services. Evidence of death caused by destruction of villages and crops.
Evidence of dead bodies seen soon after killings by eyewitnesses. Evidence of exhumed bodies identified by eyewitnesses. Evidence of exhumed bodies examined by expert witnesses. Evidence of specific people whom were never seen again. This element also appears in article 7 1 a the crime against humantiy of murder which has a footnote clarifying that "[t]he term "killed" is interchangeable with the term "caused death. Accordingly, "killed" in this element has the same meaning as "caused the death of".
Although the element does not specify that the perpetrator must have "engaged in conduct that caused the death of one or more persons", this can be inferred. However, it is not clear whether this includes omissions as well as acts. However, in the context of extermination, and particularly given the stipulation that it includes "inflicting conditions of life calculated to bring about the destruction of part of a population" it seems possible that the drafters of the Statute did intend to include omissions, or at least to leave that issue open.