Introduction
1. Since Article 7 pertains to international criminal law, its provisions, consistent
with Article 22, must be strictly construed, taking into account that crimes against
humanity as defined in article 7 are among the most serious crimes of concern to
the international community as a whole, warrant and entail individual criminal
responsibility, and require conduct which is impermissible under generally applicable
international law, as recognized by the principal legal systems of the world.
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3. “Attack directed against a civilian population” in these context elements is understood
to mean a course of conduct involving the multiple commission of acts referred to in
article 7, paragraph 1, of the Statute against any civilian population, pursuant to or in
furtherance of a State or organizational policy to commit such attack. The acts need
not constitute a military attack. It is understood that “policy to commit such attack”
requires that the State or organization actively promote or encourage such an attack
against a civilian population.
A policy which has a civilian population as the object of the attack would be implemented by State or
organizational action. Such a policy may, in exceptional circumstances, be implemented by a deliberate failure to take action, which is consciously aimed at encouraging such attack. The existence of such a policy cannot be inferred solely from the absence of governmental or organizational action.