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{{Short description|Statute of the parliament of Canada}} |
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{{Infobox Legislation |
{{Infobox Legislation |
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| short_title = Crimes Against Humanity and War Crimes Act |
| short_title = ''Crimes Against Humanity and War Crimes Act'' |
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The '''Crimes Against Humanity and War Crimes Act'''<ref>''Crimes Against Humanity and War Crimes Act'', S.C. 2000, c. 24.</ref> ('''CAHWCA''') is a [[statute]] of the [[Parliament of Canada]]. The Act implements Canada's obligations under the [[Rome Statute of the International Criminal Court|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.<ref>[http://www.international.gc.ca/court-cour/war-crimes-guerres.aspx?lang=eng Crimes Against Humanity and War Crimes Act], Foreign Affairs and International Trade Canada, gc.ca.</ref> |
The '''''Crimes Against Humanity and War Crimes Act'''''<ref>''Crimes Against Humanity and War Crimes Act'', S.C. 2000, c. 24.</ref> ({{lang-fr|Loi sur les crimes contre l’humanité et les crimes de guerre}}, '''CAHWCA''') is a [[statute]] of the [[Parliament of Canada]]. The Act implements Canada's obligations under the [[Rome Statute of the International Criminal Court|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.<ref>[http://www.international.gc.ca/court-cour/war-crimes-guerres.aspx?lang=eng Crimes Against Humanity and War Crimes Act] {{Webarchive|url=https://web.archive.org/web/20130514121122/http://www.international.gc.ca/court-cour/war-crimes-guerres.aspx?lang=eng |date=14 May 2013 }}, Foreign Affairs and International Trade Canada, gc.ca.</ref> It replaced earlier 1987 legislation targeting Nazi war criminals passed in the immediate wake of the [[Deschênes Commission]].<ref>{{Cite journal|last=Weiss|first=Nicholas P.|date=2012|title=Somebody Else's Problem: How the United States and Canada Violate International Law and Fail to Ensure the Prosecution of War Criminals|url=http://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1062&context=jil|journal=Case Western Reserve Journal of International Law|volume=45|issue=1|pages=581}}</ref> |
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==Content== |
==Content== |
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Like the Rome Statute, the CAHWCA criminalizes [[genocide]], [[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 |
Like the Rome Statute, the CAHWCA criminalizes [[genocide]], [[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 without the personal consent in writing of the [[Attorney General of Canada|Attorney General]] or the Deputy Attorney General. In order to fully implement the Rome Statute, the CAHWCA amended the [[Criminal Code (Canada)|Criminal Code]], the ''[[Extradition Act (Canada)|Extradition Act]]'', and the ''[[Mutual Legal Assistance in Criminal Matters Act]]''. |
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==Trials== |
==Trials== |
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{{main|Désiré Munyaneza}} |
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On 19 October 2005, [[Désiré Munyaneza]], 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.<ref>{{cite news | url=http://www.cbc.ca/canada/story/2005/10/19/rwanda_051019.html | title = Toronto man charged with Rwandan war crimes | date = 2005-10-19 | accessdate=2007-02-22 | publisher = CBC News}}</ref><ref>{{cite news | url=http://www.cbc.ca/canada/story/2006/04/27/war-crimes-bail060427.html| title = No bail for man accused of Rwandan war crimes | date = 2006-04-27 | accessdate=2007-02-22 | publisher = CBC News}}</ref> |
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On19 October 2005, [[Désiré Munyaneza]], 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 countsofgenocide, two counts of crimes against humanity, and three counts of war crimes for actions allegedly committed in [[Rwanda]] in 1994.<ref>{{cite news | url=http://www.cbc.ca/canada/story/2005/10/19/rwanda_051019.html | title = Toronto man charged with Rwandan war crimes | date = 19 October 2005 | access-date=22 February 2007 | publisher = CBC News}}</ref><ref>{{cite news | url=http://www.cbc.ca/canada/story/2006/04/27/war-crimes-bail060427.html| title = No bail for man accused of Rwandan war crimes | date = 27 April 2006 | access-date=22 February 2007 | publisher = CBC News}}</ref> |
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On 22 May 2009, Munyaneza was convicted of all charges and is the first person to have been convicted under the CAHWCA.<ref name = conviction>[https://www.cbc.ca/news/canada/montreal/quebec-court-convicts-munyaneza-of-war-crimes-in-rwanda-1.841328 "Quebec court convicts Munyaneza of war crimes in Rwanda"], [[CBC News]], 22 May 2009.</ref> On 29 October 2009, Munyaneza was sentenced to life in prison with no chance of parole for 25 years.<ref>{{cite web|url=http://news.bbc.co.uk/2/hi/americas/8333046.stm |title=Americas | Canada jails Rwandan war criminal |publisher=BBC News |date=29 October 2009 |access-date=27 August 2014}}</ref><ref>{{cite web|url=http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20091029/munyaneza_sentence_091029/20091029?hub=Canada |archive-url=https://web.archive.org/web/20220413002201/https://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20091029/munyaneza_sentence_091029/20091029?hub=Canada |url-status=dead |archive-date=13 April 2022 |title=CTV News | Munyaneza handed life sentence for war crimes |publisher=Ctv.ca |date=8 May 2014 |access-date=27 August 2014}}</ref> On 7 May 2014, the [[Quebec Court of Appeal]] unanimously dismissed his appeal, thereby affirming his conviction.<ref>http://www.canlii.org/en/qc/qcca/doc/2014/2014qcca906/2014qcca906.html?autocompleteStr=munyaneza&autocompletePos=1{{dead link|date=August 2017 |bot=InternetArchiveBot |fix-attempted=yes }}</ref> On 18 December 2014, the Supreme Court of Canada denied his motion for leave to appeal, thus definitively cementing the guilty verdict.<ref>{{cite web |url=http://scc-csc.lexum.com/scc-csc/scc-l-csc-a/en/14570/1/document.do |title=Archived copy |access-date=2 February 2016 |url-status=dead |archive-url=https://web.archive.org/web/20161017073829/http://scc-csc.lexum.com/scc-csc/scc-l-csc-a/en/14570/1/document.do |archive-date=17 October 2016 }}</ref> |
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A second Rwandan, [[Jacques Mungwarere]], was charged with "an act of genocide" under the Act on 7 November 2009.<ref>{{cite news|newspaper= The Globe and Mail|url=http://www.theglobeandmail.com/news/world/rcmp-charge-alleged-rwandan-war-criminal-after-6-year-probe/article1355433/|date=2009-11-07|accessdate=2009-11-08|title=RCMP charge alleged Rwandan war criminal after 6-year probe|last=Brewster|first=Murray}}</ref> 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. |
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A second Rwandan, [[Jacques Mungwarere]], was charged with "an act of genocide" under the Act on 7 November 2009.<ref>{{cite news|newspaper= The Globe and Mail|url=https://www.theglobeandmail.com/news/world/rcmp-charge-alleged-rwandan-war-criminal-after-6-year-probe/article1355433/|date=7 November 2009|access-date=8 November 2009|title=RCMP charge alleged Rwandan war criminal after 6-year probe|last=Brewster|first=Murray}}</ref> The [[Royal Canadian Mounted Police]] alleged that he committed this act in the western Rwandan city of [[Kibuye, Rwanda|Kibuye]], and that his case is connected to that of Munyaneza.{{Citation needed|date=September 2021}} Mungwarere has claimed that the accusations made against him were fabricated.<ref name=":0">{{Cite web|date=2013-07-05|title=Canadian court acquits refugee Jacques Mungwarere of genocide in Rwanda|url=https://www.ctvnews.ca/canada/canadian-court-acquits-refugee-jacques-mungwarere-of-genocide-in-rwanda-1.1354895|url-status=live|access-date=2021-09-21|website=[[CTV News]]|publisher=[[The Canadian Press]]|language=en|archive-url=https://web.archive.org/web/20131118103154/http://www.ctvnews.ca/canada/canadian-court-acquits-refugee-jacques-mungwarere-of-genocide-in-rwanda-1.1354895 |archive-date=18 November 2013 }}</ref> On 5 July 2013, Mungwarere was acquitted by Judge Michel Charbonneau of the [[Ontario Superior Court of Justice]].<ref name=":0" /> |
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==Notes== |
==Notes== |
Crimes Against Humanity and War Crimes Act | |
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![]() | |
Parliament of Canada | |
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Citation | S.C. 2000, c. 24 |
Enacted by | Parliament of Canada |
Assented to | 29 June 2000 |
Commenced | 23 October 2000 |
Bill citation | Bill C-19, 36th Parliament, 2nd Session |
Introduced by | The Hon. Lloyd Axworthy, Minister of Foreign Affairs |
Repeals | |
ss. 9, 27, 28, 29, 31 repealed by S.C. 2001, c. 32, s. 59; s. 43 repealed by S.C. 2001, c. 34. |
The Crimes Against Humanity and War Crimes Act[1] (French: Loi sur les crimes contre l’humanité et les crimes de guerre, 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.[2] It replaced earlier 1987 legislation targeting Nazi war criminals passed in the immediate wake of the Deschênes Commission.[3]
Like the Rome Statute, the CAHWCA criminalizes genocide, 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 without the personal consent in writing 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.
On 19 October 2005, Désiré Munyaneza, a Rwandan 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.[4][5]
On 22 May 2009, Munyaneza was convicted of all charges and is the first person to have been convicted under the CAHWCA.[6] On 29 October 2009, Munyaneza was sentenced to life in prison with no chance of parole for 25 years.[7][8] On 7 May 2014, the Quebec Court of Appeal unanimously dismissed his appeal, thereby affirming his conviction.[9] On 18 December 2014, the Supreme Court of Canada denied his motion for leave to appeal, thus definitively cementing the guilty verdict.[10]
A second Rwandan, Jacques Mungwarere, was charged with "an act of genocide" under the Act on 7 November 2009.[11] The Royal Canadian Mounted Police alleged that he committed this act in the western Rwandan city of Kibuye, and that his case is connected to that of Munyaneza.[citation needed] Mungwarere has claimed that the accusations made against him were fabricated.[12] On 5 July 2013, Mungwarere was acquitted by Judge Michel Charbonneau of the Ontario Superior Court of Justice.[12]
{{cite web}}
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Canadian-born individuals convicted of war crimes |
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Canadian immigrants charged with war crimes |
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Foreigners charged with war crimes by Canada |
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