Harassment and other psychological abuse

Notion(s) Filing Case
Appeal Judgement - 28.02.2005 KVOČKA et al.

323. Harassment, humiliation and psychological abuse are not listed as such under Article 5 of the Statute nor do they constitute specific offences under other articles of the Statute. The Appeals Chamber notes however that Common Article 3(1)(c) of the Geneva Conventions prohibits “outrages upon personal dignity, in particular humiliating and degrading treatment”. The specific offence of outrages upon personal dignity also appears in Article 75(2)(b) of Additional Protocol I.[1] The Appeals Chamber also considers that acts of harassment and other psychological abuse, depending on the circumstances, can clearly be assimilated to violations of the “mental well-being of persons” prohibited under Article 75(2)(a) of Additional Protocol I.[2] The Appeals Chamber recalls incidentally that acts underlying persecution under Article 5(h) of the Statute need not be considered a crime in international law.

See also paras 324-325.

[1] See also Article 4(2)(e) of Additional Protocol II.

[2] See ibid.

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ICTR Statute Article 3(h) ICTY Statute Article 5(h)