Grave violations definition
Grave violations mean, for the purposes of the present policy:
(a) In the case of a unit:
(i) Commission of “war crimes” or of “crimes against humanity”, as defined in the Rome Statute of the International Criminal Court, or “gross violations” of human rights, including summary executions and extrajudicial killings, acts of torture, enforced disappearances, enslavement, rape and sexual violence of a comparable serious nature, or acts of refoulement under refugee law that are committed on a significant scale or with a significant degree of frequency (that is, they are more than isolated or merely sporadic phenomena); or
(ii) A pattern of repeated violations of international humanitarian, human rights or refugee law committed by a significant number of members of the unit; or
(iii) The presence in a senior command position of the unit of one or more officers about whom there are substantial grounds to suspect: • Direct responsibility for the commission of “war crimes”, “gross violations” of human rights or acts of refoulement; or • Command responsibility, as defined in the Rome Statute of the International Criminal Court, for the commission of such crimes, violations or acts by those under their command; or • Failure to take effective measures to prevent, repress, investigate or prosecute other violations of international humanitarian, human rights or refugee law committed on a significant scale by those under their command;
(b) In the case of civilian or military authorities that are directly responsible for the management, administration or command of non-United Nations security forces:
(i) Commission of grave violations by one or more units under their command;
(ii) Combined with a failure to take effective measures to investigate and prosecute the violators.