Crimes Against Humanity and War Crimes Act

This Act establishes the jurisdiction and procedure for prosecuting crimes against humanity, genocide, war crimes, and other serious international crimes committed outside Canada. The law provides that a military commander or superior who fails to prevent or repress an offence may be prosecuted if they knew or were criminally negligent in not knowing that the person was about to commit or was committing such an offence.

The Act also defines crimes against humanity, genocide, and war crimes as follows:

• Crimes against humanity: includes murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution, or any other inhumane act or omission that is committed against any civilian population or any identifiable group.
• Genocide: means an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons.
• War crimes: includes acts or omissions committed during an armed conflict that constitutes a war crime according to customary international law or conventional international law.

The Act provides for jurisdiction and procedure, including the power to prosecute individuals who commit these crimes outside Canada, regardless of where they are tried. The Attorney General of Canada must provide written consent before proceedings can be commenced under certain sections.

Overall, this Act aims to establish a framework for holding individuals accountable for serious international crimes committed outside Canada, while also ensuring that the prosecution process is fair and follows established procedures.