Crimes Against Humanity and War Crimes Act
Encyclopedia
The Crimes Against Humanity and War Crimes Act (2000, c. 24) (CAHWCA) is a statute
of the Parliament of Canada
. The Act implements Canada's obligations under the Rome Statute
of the International Criminal Court
. In passing the Crimes Against Humanity and War Crimes Act on 24 June 2000 and having Royal Assent
given on 29 June 2000, Canada became the first country in the world to incorporate the obligations of the Rome Statute into its domestic laws.
, crimes against humanity, and a variety of war crimes. A person in Canada may be prosecuted for these offences even if the acts were committed outside of Canadian territory. However, the Act stipulates that no prosecution for these crimes can be proceeded with without the approval of the Attorney General or the Deputy Attorney General. In order to fully implement the Rome Statute, the CAHWCA amended the Criminal Code
, the Extradition Act, and the Mutual Legal Assistance in Criminal Matters Act.
, a Rwanda
n immigrant living in Toronto
, became the first person arrested and charged with an offence under the CAHWCA. Munyaneza was charged with two counts of genocide, two counts of crimes against humanity, and three counts of war crimes for actions allegedly committed in Rwanda
in 1994.
On 22 May 2009, Munyaneza was convicted of all charges and is the first person to have been convicted under the CAHWCA. On 29 October 2009, Munyaneza was sentenced to life in prison with no chance of parole for 25 years.
A second Rwandan, Jacques Mungwarere, was charged with "an act of genocide" under the Act on 7 November 2009. The Royal Canadian Mounted Police
alleges that he committed this act in the western Rwandan city of Kibuye
, and that his case is connected to that of Munyaneza.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
of the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
. The Act implements Canada's obligations under the Rome Statute
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
. In passing the Crimes Against Humanity and War Crimes Act on 24 June 2000 and having Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
given on 29 June 2000, Canada became the first country in the world to incorporate the obligations of the Rome Statute into its domestic laws.
Content
Like the Rome Statute, the CAHWCA criminalizes genocideGenocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, crimes against humanity, and a variety of war crimes. A person in Canada may be prosecuted for these offences even if the acts were committed outside of Canadian territory. However, the Act stipulates that no prosecution for these crimes can be proceeded with without the approval of the Attorney General or the Deputy Attorney General. In order to fully implement the Rome Statute, the CAHWCA amended the Criminal Code
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
, the Extradition Act, and the Mutual Legal Assistance in Criminal Matters Act.
Trials
On 19 October 2005, Désiré MunyanezaDésiré Munyaneza
Désiré Munyaneza is a Rwandan businessman and convicted war criminal who was living in Toronto, Ontario, Canada, before being imprisoned. He is the first man to be arrested and convicted in Canada on charges of war crimes and crimes against humanity, for his role in the 1994 Rwandan Genocide...
, a Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
n immigrant living in Toronto
Toronto
Toronto is the provincial capital of Ontario and the largest city in Canada. It is located in Southern Ontario on the northwestern shore of Lake Ontario. A relatively modern city, Toronto's history dates back to the late-18th century, when its land was first purchased by the British monarchy from...
, became the first person arrested and charged with an offence under the CAHWCA. Munyaneza was charged with two counts of genocide, two counts of crimes against humanity, and three counts of war crimes for actions allegedly committed in Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
in 1994.
On 22 May 2009, Munyaneza was convicted of all charges and is the first person to have been convicted under the CAHWCA. On 29 October 2009, Munyaneza was sentenced to life in prison with no chance of parole for 25 years.
A second Rwandan, Jacques Mungwarere, was charged with "an act of genocide" under the Act on 7 November 2009. The Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
alleges that he committed this act in the western Rwandan city of Kibuye
Kibuye
Kibuye is a city in Karongi district, and the capital of Western Province in Rwanda. The city lies on the eastern shore of Lake Kivu, about halfway down, and between Gisenyi and Cyangugu. It is known as a beach resort and is home to a genocide memorial marking the massacre of 90% of the town's...
, and that his case is connected to that of Munyaneza.
External links
- Crimes Against Humanity and War Crimes Act, official version