Practice Relating to Rule 89. Violence to Life
Uruguay’s Law on Cooperation with the ICC (2006) states:
A person who commits any of the following acts with the intention to destroy in whole or in part a national, ethnic, religious, political, or trade union group or a group with their own identity based on gender, sexual orientation, cultural or social reasons, age, disability or health, is punished with fifteen to thirty years’ imprisonment:
A) Intentional killing of one or more persons of the group.
The Law also lists the following crime under the heading “Crimes against Humanity – Isolated Acts”:
(Political Killing).- A person who is a State agent or who is not a State agent but acts with the authorization, support or acquiescence of one or more State agents and who kills a person due to his or her actual or presumed political, trade union, religious, cultural, or gender-related activities or opinions; or because of his or her actual or presumed belonging to a political, trade union, or religious collectivity or a group with its own identity based on reasons of sex or social sector is punished with fifteen to thirty years’ imprisonment.
The Law further states:
26.2. Persons and objects affected by the war crimes set out in the present provision are persons and objects which international law protects in international or internal armed conflict.
26.3. The following are war crimes:
1. Wilful killing.
6. Wilfully … subjecting … [a prisoner of war or other protected person] to … executions without previous judgment by a regularly constituted court affording all the judicial guarantees which are generally recognized as indispensable.
19. Killing or wounding treacherously individuals belonging to the hostile nation or army or enemy combatants.