Ghana - Amnesty International

58GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10CHART VII. CRIMES AGAINST HUMANITYThreshold/ActDefinition in text ofRome Statute, Article7 and/or the Elementsof Crimes 157Definition in nationallaw (citation to anyrelevant provision)Universal jurisdictionin national law(citation)Other inhumaneactsActs of a similarcharacter [to theabove], intentionallycausing great suffering,or serious injury to bodyor to mental or physicalhealthPerpetrator awarenessof the factualcircumstancesestablishing thecharacter of the actNO **Courts Act, 1993(Act 459), sect. 56(4) (n) (catchall)As discussed below, the definitions of crimes listed in Chart VII under Ghanaian law fall short of thestrictest requirements of international law. Importantly, in no instance does Ghanaian law indicatethat the crimes listed could constitute crimes against humanity if committed as part of a widespreador systematic attack directed against a civilian population. While it is possible for the national courtsin Ghana to try the same acts that constitute crimes against humanity as ordinary crimes in such aninstance, prosecuting these offences as ordinary crimes will not reflect the same moralcondemnation and, in most instances, elicit equivalent punishment, to the corresponding crimesunder international law.In addition, except for the offence of enslavement, Ghanaian law does not expressly authorize theexercise of universal jurisdiction over these acts. Ghana courts may exercise universal jurisdictionover these crimes when committed abroad by a foreigner who is an employee of the state or astatutory corporation, but this is likely to be a rare circumstance. Also, a catchall in the Courts Actappears to grant national courts the ability to exercise universal jurisdiction over any offence foundin an instrument that Ghana has signed, which would include Article 7 offences as defined in theRome Statute. However, there is no prior practice that indicates the courts would exercise universaljurisdiction based on this catchall provision alone (see Section 4.2 above).Murder. The definition of murder in the Ghana Criminal Code 158 does not define murder, whencommitted as part of a widespread or systematic attack against civilians, as a crime againsthumanity.Enslavement. The Criminal Code defines slave dealing in a manner that is general enough to includethe some forms of the crime of enslavement. 159 In addition, under Ghanaian law, some forms of158See Criminal Code, sect. 47.159See Criminal Code, sect. 314.Amnesty International November 2012 Index: AFR 28/004/2012