6.1 Crimes against Humanity
As was pointed out earlier, any allegation that crimes against humanity have been committed needs
to fulfil a series of conditions. Firstly, as indicated earlier, but repeated here for ease of
understanding, the acts complained of must fit a number of violation profiles, involving any, some, or
all of the following:
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Murder;
Extermination;
Enslavement;
Deportation or forcible transfer of population;
Imprisonment or other severe deprivation of physical liberty in
violation of fundamental rule of international law;
Torture;
Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of
comparable gravity;
Persecution against any identifiable group or collectivity on
political, racial, national, ethnic, cultural, religious, gender as
defined in paragraph 3, or other grounds that are universally
recognized as impermissible under international law;
Enforced disappearance of persons;
The crime of apartheid;
Other inhumane acts of a similar character intentionally causing
great suffering, or serious injury to body or to mental or physical
health.
On the reports given to the Human Rights Forum, torture, persecution, and other inhumane acts are
described very frequently. Persecution is alleged on the basis that the victims are disproportionately
members of the Movement for Democratic Change, the MDC. As can be seen, this is an allegation
that not only applies to the period between March and June 2008, but is also evident in the 2002
Presidential election. Furthermore, as was shown in several previous reports of the Human Rights
Forum, all violations increase significantly during elections since 2000, and hence it is possible to
claim that the violations seen in 2008 are a well-tried strategy of persecution. It is also evident, both
from 2008 and 2002, that torture has been practised on a very large scale and, in respect of 2008,
allegations by the victims reporting to the Human Rights Forum are supported by other reports. More
importantly, the allegations of torture are strongly supported by the reports of the Zimbabwe
Association of Doctors for Human Rights [ZADHR], which issued three reports in the period March to
June 2008, detailing very serious injuries that could only have been inflicted deliberately.
Inhumane acts are also widely reported, and amongst these are the frequent reports of assaults
occurring at citizens’ homes, followed by theft of their possessions and destruction of their homes,
leaving people destitute, and subsequently displaced. This is acknowledged in the September 15
Agreement. Section 16.4(c), of Article XVI, notes that “ that all displaced persons shall be entitled to
humanitarian and food assistance to enable them to return and settle in their original homes and that
Select target paragraph3
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