Ethnic persecution is a crime against humanity under the Rome Statute of the International Criminal Court (ICC). The ICC Elements of Crimes specifies that an ethnic persecution prosecution must show:
- a severe deprivation of fundamental rights,
- the victims were targeted by reason of the identity of the group,
- the targeting was based on political, racial, national, ethnic, cultural, religious, or gender identity,
- the deprivation was committed in connection with another crime against international law,
- the deprivation was committed as part of a widespread or systematic attack against a civilian population,
- the perpetrator knew or intended the deprivation to be a part of a widespread or systematic attack against a civilian population.