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9. Offences against non-combatants
 
  Article 52-Offences involving kidnapping and unlawful restraint  
52.1 Unlawful restraint  
  Unlawful restraint is the capture or detention of persons who is a non-combatant against their will, without lawful excuse. Unlawful restraint is further defined into only three possible classifications- abduction, hostage taking, and kidnapping.  
52.2 Abduction  
  Abduction is the capture or detention of persons who are non-combatants against their will, without lawful excuse for an intention other than hostage taking and/or ransom.  
 
 Primary Fact(s)
 1. That the victim was taken and held against their will, or the will of their legal guardian.
 2. That the victim(s) was a non-combatant.
 3. That the accused was either a member of the armed forces of African Union at the time of the alleged offence or an opposing combatant;
 4. That the actions of the accused contributed to the abduction.
 
 
 Penalty Conditions (Level-4 Offence)
Type Condition(s)
1-3
a) if committed by a person against a child under 8 years for the purpose of raising that child as their own;
4-6
a) committed by a group of persons under a preliminary conspiracy, or an organized group;
b) committed by a parent against their child in which the child is returned injured;
c) if committed with sexual offences in which the victim is less than 14 years is returned unharmed;
 
 
 Penalty Conditions (Level-5 Offence)
Type Condition(s)
1-3
a) if committed by reason of national, racial, or religious hatred, or enmity or blood feud;
4-6
a) if committed out of mercenary motives by hire,
b) if attended by robbery with violence, racketeering, or banditry;
c) if committed by a parent against their child in which the child is murdered;
d) if committed with sexual offences in which the victim is less than 8 years is returned unharmed;
 
 
 Penalty Conditions (Level-6 Offence)
Type Condition(s)
1-3
a) if committed for the purpose of obtaining the organs or tissues of the victim;
b) if committed with sexual offences in which the victim is less than 14 years is murdered;
c) if committed for the purpose of forcing the victim to perform sexual acts;
4-6
a) if person kidnapped is murdered with especial cruelty;
b) if involving murder of two or more persons;
c) if person kidnapped is murdered the purpose of concealing another offence;
d) if murder attended by rape or violent sexual actions;
e) if person kidnapped is in law enforcement and murdered in connection to their line of duty;
f) if committed with sexual offences in which the victim is less than 8 years is murdered;
g) if committed for the purpose of receiving payment for selling the victim to others involved in the sex trade;
 
52.3 Hostage taking  
  Hostage taking is the capture or detention of persons who is a non-combatant against their will, without lawful excuse, in order to compel another party to act, or refrain from acting, in a particular way, using threat and/or ultimatum of harm to one or more hostages.
 
 
 Primary Fact(s)
 1. That the victim was held against their will.
 2. That the victim(s) was a non-combatant.
 3. That the accused was either a member of the armed forces of African Union at the time of the alleged offence or an opposing combatant;
 4. That the actions of the accused contributed to the hostage taking.
 5. That a condition/ultimate of release of the victim was given on threat or actual harm of victim.
 
 
 Penalty Conditions (Level-4 Offence)
Type Condition(s)
1-3
a) in which the hostages were released with no grievous harm;
4-6
a) committed by a group of persons under a preliminary conspiracy, or an organized group for the purpose of gain;
 
 
 Penalty Conditions (Level-5 Offence)
Type Condition(s)
1-3
a) if committed by reason of national, racial, or religious hatred, or enmity or blood feud;
4-6
a) if committed out of mercenary motives by hire,
b) if attended by robbery with violence, racketeering, or banditry;
c) if attended by grievous harm to the hostages (excluding sexual offences);
 
 
 Penalty Conditions (Level-6 Offence)
Type Condition(s)
1-3
a) the murder of a person or persons that have been kidnapped;
b) if attended by sexual offences to the hostages;
c) if hostages refused to be released upon request by law enforcement are under the age of 14 years;
4-6
a) if person kidnapped is murdered with especial cruelty;
b) if involving murder of two or more persons;
c) if person kidnapped is murdered the purpose of concealing another offence;
d) if murder attended by rape or violent sexual actions;
e) if person kidnapped is in law enforcement and murdered in connection to their line of duty;
 
52.4 Kidnapping  
  Kidnapping is the capture or detention of persons who is a non-combatant against their will, without lawful excuse, for ransom.  
 
 Primary Fact(s)
 1. That the victim was taken and held against their will.
 2. That the victim(s) was a non-combatant.
 3. That the accused was either a member of the armed forces of African Union at the time of the alleged offence or an opposing combatant;
 4. That the actions of the accused contributed to the kidnapping.
 5. That a ransom was demanded in exchange for the return/release of the victim.
 
 
 Penalty Conditions (Level-4 Offence)
Type Condition(s)
1-3
a) in which the kidnapped person was released with no grievous harm and without the ransom being paid;
4-6
a) committed by a group of persons under a preliminary conspiracy, or an organized group for the purpose of gain
in which the kidnapped person was released with no grievous harm and without the ransom being paid;
 
 
 Penalty Conditions (Level-5 Offence)
Type Condition(s)
1-3
a) in which the kidnapped person was released with some injury and without the ransom being paid;
4-6
a) if committed by persons known to the victim, or the relatives of the victim;
b) if attended by grievous harm to the victim (excluding sexual offences);
 
 
 Penalty Conditions (Level-6 Offence)
Type Condition(s)
1-3
a) the murder of a person or persons that have been kidnapped;
b) if attended by sexual offences to the kidnapped person;
4-6
a) if person kidnapped is murdered with especial cruelty;
b) if involving murder of two or more persons;
c) if person kidnapped is murdered the purpose of concealing another offence;
d) if murder attended by rape or violent sexual actions;
e) if person kidnapped is in law enforcement and murdered in connection to their line of duty;
 
     
 
 

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