the crime is intentional, and results in lethal or extremely grave consequences. In this regard the African Commission relies on Article 60 of the African Charter to note that the Rome Statute62 has identified murder, though in a slightly different context, as one of the „most serious crimes‟ under international law. 204. The African Commission therefore identifies murder as one of the „most AC HP R serious crimes‟ under domestic and international human rights law, as it amounts to an arbitrary deprivation of life as protected under Article 4 of the African Charter. In the same breath, the African Commission believes that domestic legislation allowing capital punishment for economic, nonviolent or victimless offences such as economic crimes and drug related offences would amount to a disproportionate imposition of the death penalty and thus a violation of the right to life under Article 4 of the African Charter. 205. In view of the foregoing, the African Commission finds that the death penalty would not be disproportionate when applied in cases where the crime is intentional and involves the use of violence or firearms resulting in the death of another as in the instant case where the appellant was tried, convicted and sentenced to death on the crime of murder. 206. The African Commission having found that due process was followed and safeguarded by the judicial system of Botswana in the trial of Kodedi and in particular that the Court of Appeal rightly upheld the principle of functus officio and res judicata, and upon finding that the appellant was tried, convicted and sentenced to death on account of one of the „most serious crimes‟, the African Article 7 (1) (a) of the Rome Statute recognizes murder as one of the „most serious crimes‟ when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. 62 57