SK (Article 1F(A) Exclusion) Zimbabwe: UTIAC 15 Sep 2010

UTIAC 1. Article 7.1 of the Statute of the International Criminal Courts, the Rome Statute, is usually regarded as providing the best working definition of a crime against humanity for the purposes of Article 1F(a) of the Refugee Convention.
2. Where the act or crime does not involve the specifically listed forms of acts or crimes, in order to consider that a crime against humanity had occurred, the Tribunal must consider if the acts participated in by the appellant were of a ‘similar character’ to those specified in Article 7.1(a) to (j) of the Rome Statute. In so doing, the Tribunal must consider the specific purpose of the crime, its intent and effect, the participation of an appellant in the crime and if needs be whether the appellant made a substantial contribution to the crime.

Judges:

Ouseley J

Citations:

[2010] UKUT 327 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration

Updated: 25 August 2022; Ref: scu.425493