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Activity MOUSSE on bringing to criminal liability for crimes against humanity

Activity of the International criminal court on justice realisation, and also criminal prosecution concerning the persons convicted of crimes against humanity, represents the most extensive part of practice of the given international court of justice.

on consideration of the International criminal court there are at a different stage of consideration criminal cases on charge of persons in fulfilment of crimes against the humanity, initiated in connection with consideration by Court of corresponding situations in following countries: Sudan, Uganda, Democratic Republic Congo (further - DRK), Central African republic (further - TSAR), Kenya, Libya, the Cat d'ivuar [451] .

the International criminal court had been gave out warrants of arrest of physical persons on charges (without the removed charges and the ceased affairs) in fulfilment of crimes against the humanity, provided by the following the structures fixed in the Statute:

- item 7 (1) (a) - murder (Z.Katanga, B.Ntaganda, M.N.Shui (it is justified by Court at all points) - a situation in DRK; Z.P.Bemba Gombo - a situation in TSAR; D.Koni, V.Otti, O.Odhiambo, D.Ongven - a situation in Uganda; A.Harun, A.Kushajb, O al-Bashir, A.R.M. Hussein - a situation in Darfur (Sudan);

S.Al-Islam Kaddafi, A al-Senussi - a situation in Libya; S.Gbagbo, L.Gbagbo, S.Ble Guide - a situation in the Cat d'ivuare);

- item 7 (1) (b) - destruction (O al-Bashir - a situation in Darfur);

- item 7 (1) (c) - enslavement (D.Koni, V.Otti, O.Odhiambo, D.Ongven - a situation in Uganda);

- item 7 (1) (d) - deportation or violent resettlement of the population (A.Harun, A.Kushajb, O al-Bashir, A.R.M. Hussein - a situation in Darfur);

- item 7 (1) (e) - committing to prison or other severe deprivation of physical freedom in infringement of basic norms of international law (And. Harun, A.Kushajb, A.R.M. Hussein - a situation in Darfur);

- item 7 (1) (f) - tortures (Z.P.Bemba Gombo - a situation in TSAR; A.Harun, A.Kushajb, O al-Bashir, A.R.M. Hussein - a situation in Darfur);

- item 7 (1) (g) - rape, the reference in sexual slavery (other structures of the crimes provided by given point, convicted were not incriminated) (Z.Katanga, B.Ntaganda, M.N.Shui - a situation in DRK; Z.P.Bemba Gombo - a situation in TSAR; D.Koni, V.Otti - a situation in Uganda; A.Harun, A.Kushajb, O al-Bashir, A.R.M. Hussein - a situation in Darfur; S.Gbagbo, L.Gbagbo, S.Ble Guide - a situation in the Cat d'ivuare);

- item 7 (1) (h) - prosecution of any identified group or a generality (the full formulation see in the specified position of the Statute) (B.Ntaganda - a situation in DRK; A.Harun, A.Kushajb, A.R.M. Hussein - a situation in Darfur; S al-Islam Kaddafi, A al-Senussi - a situation in Libya; With. Gbagbo, L.Gbagbo, S.Ble Guide - a situation in the Cat d'ivuare);

- item 7 (1) (k) - other brutal acts of similar character consisting in deliberate causing of strong sufferings or serious physical injuries or a serious damage to mental or physical health (to Z.Katanga, M.N.Shui - a situation in DRK; D.Koni, V.Otti, D.Ongven - a situation in Uganda; A.Harun, A.Kushajb, A.R.M. Hussein - a situation in Darfur; S.Gbagbo, L.Gbagbo, S.Ble Guide - a situation in the Cat d'ivuare).

Besides, on a situation in Kenya are subpoenaed V.S.Ruto and D.A.Sang's by summonses, convicted of crimes against the humanity, provided items 7 (1) (a), 7 (1) (d) and 7 (1) (h) the Statute [452] [453] .

From all set coming within the jurisdiction MUS crimes against humanity the Court did not incriminate convicted the crimes provided by following positions of the Statute:

- item 7 (1) (i) - violent disappearance of people;

- item 7 (1) (j) - a crime aparteida and a number of the criminal actions fixed in item 7 (1) (g) (compulsion to prostitution, compulsory pregnancy, compulsory sterilisation).

As follows from practice of the International criminal court, the basic objects of the criminal trespass of the persons convicted by Court in crimes against humanity, following human rights are: for a life and health, on personal liberty, on sexual freedom (inviolability), on honour and advantage, and also on źthe collective rights╗.

the Objective party of crimes against the humanity, directly considered by the International criminal court, is characterised shirokomasshtabnostju and a system of the specified criminal actions. The specified criterion means, that separate criminal actions are made in spatial and time frameworks and in a close connection with a large-scale and regular attack on any civilians (a contextual element of crimes against humanity).

Making comments on the given criterion, Court, referring to Elements of crimes, established, that the term "attack" is not necessarily connected with concept źa military attack╗ and, źis faster, this term concerns campaign or operation, about -

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A source: Ljamin Nikolay Mihajlovich. the International criminal court and responsibility for criminal infringements of human rights. The dissertation on competition of a scientific degree of the master of laws. Moscow - 2017. 2017

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