Canada’s Crimes Against Humanity and War Crimes Act on Trial: An Analysis of the Munyaneza Case
20 Pages Posted: 22 Mar 2010 Last revised: 29 Jul 2012
Date Written: March 1, 2010
Abstract
Canada was the first state to adopt implementing legislation following its ratification of the ICC Statute. Adopted in 2000, the Crimes against Humanity and War Crimes Act was tested for the first time in the Munyaneza case. In May 2009, Mr Munyaneza was convicted on all counts of genocide, crimes against humanity and war crimes and, in October, was sentenced to life imprisonment. The first case under the Act provides an opportunity to reflect on certain issues that will have an impact on Canada’s ability to effectively contribute to the enterprise of international criminal justice. This article focuses on two such issues that were relevant to the Munyaneza case, namely the definitions of offences, which rely heavily on customary international law and on the ICC Statute, and the sentencing scheme provided by the Act.
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