CHPTER-VII

A STUDY OF INTERNATIONAL PRINCIPLES

REGARDING LIABILITY OF INDIVIDUALS FOR CRIME
AGAINST HUMANITY IN SELECTED NATIONAL
JURISDICTIONS

“Genocide, crimes against humanity and war crimes must not go unpunished and
[… ] their effective prosecution must be ensured by taking measures at national
level and by enhancing international cooperation.”

Council Decision 2003/335/JHA, 8 May

2003

As international criminal law continues to grow in importance, cases before international

tribunals tend to take away the headlines from the steadily progressing jurisprudence in
national prosecutions for international crimes so, the bifurcation between international
and national prosecutions for international crimes is surprisingly less pronounced today.
This is due to the welcome fact that international communication, especially through the
internet, has become so rapid and effortless that international tribunals are able to keep up
with the developments in national courts, just as national courts have been influenced by
the resolution of legal problems taking place in international criminal tribunals.

For the last ten years the notion of jurisdiction has been a central issue in many
discussions on international humanitarian law. The reason is simple: in a world where the
punishment of international crimes is essential to the maintenance of international peace
and security, how do we reconcile international criminal jurisdictions with the
jurisdiction of domestic courts in situations where both are competent to try the same
case. 824

The question was not addressed in depth until the late 1980s. States previously applied
general principles of criminal jurisdiction to determine which national court was
competent to try an individual charged with acts amounting to internationally recognized
crimes. In 1989, however, the creation of an international criminal court was proposed to
the General Assembly of the United Nations by the delegation of Trinidad and Tobago,
with the objective of combating what they considered to be one of the newly
acknowledged international crimes: drug trafficking. The proposal, which was not new
for the United Nations, echoed the earlier work of two special committees set up by the
General Assembly to develop draft international criminal tribunal statutes in 1951 and
1953.825

The International Law Commission (ILC) was charged by the General Assembly with the
preparation of the new draft statute. Although the chances of success were not very high,
a series of events between 1989 and 1992 cleared the way for the Commission’s efforts:
the creation by the Security Council of international criminal tribunals for the former
Yugoslavia and Rwanda thus provided, for the first time since World War II, for the
investigation and trial at the international level of individuals for violations of
international humanitarian law.

In 1994 the ILC, in the course of its work on the Draft Code of Crimes Against Peace and
Security of Mankind, presented the draft Statute of the International Criminal Court
(ICC) to the General Assembly. The ILC’s proposal was based on international
precedents, such as the Nuremberg and Tokyo tribunals, the 1951 and 1953 draft statutes,
the 1980 draft Statute for the Creation of an International Criminal Jurisdiction to enforce
the Apartheid Convention, and the statutes for the Tribunals for Yugoslavia and Rwanda.

The draft ICC Statute was then analysed by an Ad Hoc Committee established by the
General Assembly, in order to review the major substantive and administrative issues
arising from the text. The work of the Committee, notwithstanding its failure to reach
sufficient agreement to call a conference of plenipotentiaries, allowed States to grow used
to the idea of creating an international criminal tribunal that would try individuals. As
emerged in subsequent discussions, States were reluctant to accept the idea of having a
completely independent international judicial body which could assess individual
responsibility for international crimes. Many saw in this notion a potential loss of
sovereignty.

824
Oscar Solera, “Complementary jurisdiction and international criminal justice”, IRRC, March 2002, Vol.
84 No 845, p.145.
825
Ibid.
The discussions and conclusions of the Ad Hoc Committee led to the establishment of a
Preparatory Committee in 1996 to examine the ILC’s draft Statute for the ICC, taking
into account the different views, the remarks made by the Ad Hoc Committee and the
written comments submitted by States and international organizations. To deal with the
different issues, the Committee defined a list of subjects, including one designated as the
146 Complementary jurisdiction and international criminal justice

Complementarity and Trigger Mechanism: The idea was to discuss the proposed
international court’s relationship with domestic systems. On submitting its final report in
1998, the Committee proposed a new version of the draft Statute that was then discussed
at the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of
an International Criminal Court. The issue of complementarity was again included in the
discussion, but was not taken up by any specific working group in its agenda and was
thus left to the Committee of the Whole. The concept was finally accepted as proposed by
the Preparatory Committee and explicitly incorporated in the Preamble and in Articles 1,
17, 18 and 19 of the Statute, although it is clear that it permeates the whole structure and
functioning of the Court.826

I. Principle of Complementarity
The principle of complementarity is mainly read in connection to the International
Criminal Court’s jurisdiction, which is supposed to be complementary to the national
jurisdictions. The basic idea of complementarity existed, however, already in the context
of the treaty of Versailles in 1919, in which the Allies authorized the Germans to try
someof the war criminals themselves in Leipzig, Germany. 827 In the following,
complementarity will be discussed under two different aspects, first as an issue of
admissibility before the ICC, 828 and second as a State’s right and obligation, in addition,
the basic rationale of complementarity is elaborated as follows:

1. Art. 17 Rome Statute: Issue of Admissibility of Cases Before the ICC: The
Rome Statute prescribes in Art. 17 that “the Court shall determine that a case is
inadmissible where:

826
Ibid.
827
M. Bergsmo & P. Webb, ‘International Criminal Courts and Tribunals, Complementarity and
Jurisdiction’, in R. Wolfrum (ed.), The Max Planck Encyclopaedia of Public International Law, Vol. 1
(2012), 688, 691, para. 12; M. El
Zeidy, The Principle of Complementarity in International Criminal Law (2008), 11-18; General historical
overview:., 11-154.
828
Britta Lisa Krings, “The Principles of ‘Complementarity’ and Universal Jurisdiction in International
Criminal Law: Antagonists or Perfect Match?, Goettingen Journal of International Law, 2012, p. 737-763.
“(a) The case is being investigated or prosecuted by a State which has jurisdiction over it,
unless the State is unwilling or unable genuinely to carry out the investigation or
prosecution”. 829

Accordingly, the Statute connects issues of admissibility with the national jurisdiction of
States, and grants primacy to the national jurisdiction as long as the State does not remain
“wholly inactive”, 830 there isno deficiency in the domestic investigation or prosecution or
there is an attempt to shield a person from such “criminal responsibility from crimes
within the jurisdiction of the Court”.831 Often discussed among scholars is the question of
a standard of the unwillingness or inability to genuinely carry out investigations or
prosecutions, however, more relevant to this work is the question of what kind of
jurisdiction of the State is embraced.

2. As a State Obligation/Right: The principle of complementarity is implemented in

paragraph 10 of the Preamble to the Rome Statute and in Art. 1 Rome Statute. It
needs to be clarified if the principle of complementarity provides for an
obligation/duty on States, to investigate and prosecute crimes under their jurisdiction
in addition to the right of a State to claim for priority in prosecuting a crime. Finally,
it needs to be elaborated who is actually an addressee of the said principle.

a) A State’s Obligation?

The States’ primacy in investigations and prosecution based on complementarity results

in an actual right of complementarity or primacy of the States. The principle of
complementarity could nevertheless also be read as an obligation of States to become
active. This is partly based on paragraph six of the Preamble, which contains the Member
States’ duty to “exercise criminal jurisdiction”. 832 It was stated that “complementarity, as
established and governed by the Rome Statute, was meant to […] serve as ‘acatalyst for
compliance’.”32 This assumption is nevertheless not possibly based on the mere words
referring to complementarity in the Rome Statute, which explains that the jurisdiction of
the ICC shall be “complementary” to national jurisdiction. However, it may be feasible to
read the obligation and the corresponding right of complementarity of the States out of
the notion of complementarity as such in conjunction with the State parties’ obligations

829
Statute of the International Criminal Court, Art. 17 (1) (a), 17 July 1998, 2187 U.N.T.S. 3, 100.
830
J. K. Kleffner & G. Kor (eds), Complementary Views on Complementarity (2004), 1, 42 (stating that
“admissibility is in fact also a deeply jurisdictional issue in its own right”); general overview of the ICC’s
approach to complementarity: N. N. Jurdi, ‘Some Lessons in Complementarity for the International
Criminal Court Review Conference’, 34 South African Yearbook of International Law (2009), 28.
831
Statute of the International Criminal Court, Art. 17 (2) (b).
832
Supra note (7), p.241-247.
to “cooperate fully” with the court as stipulated in Arts. 86 and 88 Rome Statute. These
provisions are supposed to relate to the cooperation between States and the court after a
case has been declared admissible already. One might nevertheless read the
complementarity – taking place before and instead of a prosecution by the ICC – into
these norms and understand the principle of complementarity as a right and obligation of
the State, which may oblige a State to actively exercise its national jurisdiction in the
sense of an effective complementarity even if this means that the work of the ICC would
not exist anymore. Accordingly, right and obligation of States to nationally pursue the
end of impunity for the crimes listed in the Rome Statute exist. How strong these are
practically will be determined by future practice. 833

b) Addressees of the Principle of Complementarity as a State’s Right/Obligation:

Since the principle of complementarity is enshrined in the Rome Statute, one wonders if
it can be expanded to non-member States to this treaty. As found above, complementarity
is both, an obligation incumbent upon States and a right, accordingly the application of
complementarity in its obligatory nature on third States would violate the rule that
treaties cannot bind third States, as established in Art. 34 Vienna Convention on the Law
of Treaties and reflected in customary international law. On the other hand, the principle
of complementarity as a right of States can be applied voluntarily by third States, which
is likely because States will probably take the chance to exercise their sovereign right of
jurisdiction over persons within their jurisdictional scope, an obligation to do so will most
probably not be accepted by third States. Hence, States that implemented Universal
Jurisdiction within their national laws will also exercise this linkage for prosecuting
persons but based on their sovereign decision to do so.834

3. The Rationale Behind the Principle of Complementarity

The rationale of the principle of complementarity – as an obligation and right as well as a

part of admissibility – needs to be carefully established. It might be manifold: on the one
hand it avoids proceedings on the international level, where the access to evidence,
witnesses and local investigation organs is complicated and distant in favor of the
virtually closer jurisdiction of the National State; on the other hand it ensures that State
parties to the Rome Statute keep their sovereign right to try crimes committed under their
jurisdiction; another reason is to close the gap between the prosecution on the
international level, which are still only dedicated to few individuals, and the prosecution
of the National States in their own legal systems, in order to actively fight against

833
Britta Lisa Krings, “The Principles of ‘Complementarity’ and Universal Jurisdiction in International
Criminal Law: Antagonists or Perfect Match?, Goettingen Journal of International Law 4 (2012) 3, p. 737-
763.
834
Ibid.
impunity by prosecuting a higher number of perpetrators.835 One may come to
theconclusion that all of these reasons play a role for the implementation of the principle
of complementarity into the Rome Statute.

States’ obligations under International Humanitarian Law (IHL) to prosecute and

punish international crimes

A substantial number of the IHL rules are set out in the four 1949 Geneva Conventions
and the 1977 Additional Protocols. States are obliged to put an end to all the violations
set out in these texts. There are special obligations in respect of certain serious violations
referred to as ‘‘grave breaches’’.

Grave breaches comprise some of the most flagrant violations of IHL. IHL imposes on
States the obligation to take the following specific measures in respect of grave breaches:

1. The State must promulgate national laws that prohibit and provide for prosecution
and punishment of grave breaches, either by enacting laws to that effect or by
amending existing laws. These laws must cover all persons, whatever their
nationality, who commit or order others to commit grave breaches, including
cases where the breaches resulted from dereliction of a duty to act. The laws must
cover acts committed both inside and outside the State’s own territory.
2. The State must seek out and prosecute persons alleged to have committed grave
breaches. It must prosecute these persons itself or extradite them to another State
where they will be tried.
3. The State must institute a responsibility on the part of its military commanders to
prevent the perpetration of grave breaches, to stop them when they occur and to
take measures against persons under their authority who perpetrate such offences.
4. States must provide each other with judicial assistance in any procedures relating
to serious breaches. States must perform these obligations in peacetime as well as
in time of armed conflict. To be effective, the measures set out above must be
adopted before the grave breaches have occurred.
5. Finally, it can be affirmed that, with the exception of some minor differences, the
same obligations apply in respect of genocide and crimes against humanity. 836
Keeping the above-mentioned developments in mind, this comparative research focused
on the questions how and by which means the criminal laws of different states provide or
allow for the punishment of international crimes by their own domestic courts, which
deficits exist in comparison to applicable international law and obligations to prosecute

835
F. Jessberger & C. Powell, ‘Prosecuting Pinochets in South Africa: Implementing the Rome Statute of
the International Criminal Court’, 14 South African Journal of Criminal Justice , 2001.
836
Analysis of the punishments applicable to international crimes (war crimes, crimes against humanity and
genocide) in domestic law and practice, IRRC.Reports and Documents, Volume 90 Number 870 June
2008,P.462.
established by it concerning such national jurisdiction, and which reforms have been
carried out or are planned in order to permit the national prosecution of international
crimes.

Above and beyond the pursuit of purely academic insights in the context of basic criminal
law research, it was the objective of the project on the one hand to give an inspiration for
and add an impulse to reform plans in individual states by describing and analysing
different regulatory mechanisms for punishing international crimes. Moreover, it can be
illustrated to what degree different states are capable on a normative level of prosecuting
international crimes independently.

II. Crimes against Humanity Statutes and Criminal Code Provisions

in Selected Jurisdictions837
Law library of Congress838 published a multinational report in the year of April, 2010,
which covers statutes and Criminal Code Provisions regarding Crime against humanity
in Argentina, Armenia, Australia, Austria, Azerbaijan, Belgium, Bosnia-Herzegovina,
Brazil, Bulgaria, Cambodia, Canada, Colombia, The Democratic Republic of Congo, The
Republic of Congo, Costa Rica, Croatia, Denmark, Ecuador, Estonia, The European
Union, Finland, France, Georgia, Germany, Ireland, Italy, The Ivory Coast, Japan, Korea
(South), Kyrgyzstan, Latvia, Lichtenstein, Luxembourg, Mali, Malta, Mexico,
Netherlands, New Zealand, Nigeria, Norway, Peru, Poland, Portugal, Slovakia, Slovenia,
South Africa, Spain, Sweden, Switzerland, Trinidad and Tobago, United Kingdom,
Uruguay.

1. Argentina: Argentina ratified the Rome Statute of the International Criminal

Court (Rome Statute) on November 2000.839 The implementing legislation was
adopted by Law 26200 of December 13, 2006.840
Law 26200 adopts into domestic legislation the crimes that fall under the jurisdiction of
the International Criminal Court (ICC) through the provisions of the Rome Statute. This
is a way to avoid disparities that might be created by making a unilateral definition of the
crimes. The Law provides for criminal sanctions that include imprisonment but does not
include any provisions on reparation or rehabilitation of victims. It does include
provisions on cooperation with the ICC regarding arrests, surrender, and judicial
assistance in general.

837
Crimes Against Humanity Statutes and Criminal Code Provisions in Selected Countries, The Law
Library of Congress, Global Legal Research Center, April 2010
838
Ibid.
839
Rome Statute of the International Criminal Court (of July 17, 1998; entered into force on July 1, 2002),
U.N. Doc.A/CONF.183/9, United Nations Treaty Collection website,
http://untreaty.un.org/cod/icc/statute/romefra.htm (last visited 10th July,2014).
840
Boletin Oficial [B.O.] Jan. 9, 2007, available at http://www.infoleg.gov.ar.
 2. Armenia: The English translation of the Criminal Code for Armenia was adopted
on April 18, 2003841. It provides for the prosecution of crimes against humanity
and war crimes, placing relevant provisions in specific sections of the Code
(Chapter 33, arts. 384-397).842 The Code subjects to liability all individuals who

841
http://www.legislationline.org, last visited 10th July,2014.
842
Chapter 33 (Sections: 384-397):Crimes against peace and human security
Article 384: Aggressive war.
1. Planning or preparing an aggressive war is punished with imprisonment for the term from 5 to 10 years.
2. Starting or conducting an aggressive war is punished with imprisonment for the term from 8 to 15 years.
Article 385. Public calls for aggressive war.
1. Public calls for starting an aggressive war are punished with a fine from 100-fold minimal salaries to
100-200 minimal salaries, or with imprisonment for the term of up to 3 years.
2. The same actions which were implemented by mass media or by the highest state authority, are punished
with a fine from 300-500 minimal salaries, or with imprisonment for the term of 2 to 5 years, by
deprivation of the right to hold certain posts or practice certain activities for up to 3 years.
3. By the highest state authority in this Article, we mean the President of the Republic of Armenia, the
members of the Government of the Republic of Armenia, the members of the National Assembly of the
Republic of Armenia.

Article 386. Manufacture or proliferation of mass destruction weapons: Creation, production,

acquisition or realization of chemical, biological or other types of weapons prohibited by international
agreements, transfer of raw materials or fissionable materials to a country that does not possess nuclear
weapons, providing anyone with mass destruction weapons prohibited in international agreements or
components necessary for its production, is punished with imprisonment for the term from 4 to 8 years.
Article 387. Application of prohibited methods of war.
1. Application of methods prohibited by international agreements in military actions or armed conflicts, is
punished with imprisonment for the term of up to 15 years.
2. Application or testing of mass destruction weapons prohibited in international agreements is punished
with imprisonment from 10 to 15 years, or to life.
Article 388. Terrorism against the representative of a foreign country or international organization.
1. Assault on the representative of foreign states or international organizations, or kidnapping, or
deprivation of freedom, if these actions were committed with the purpose of provoking war, or
complication of international relations, is punished with imprisonment for the term of 5 to 12 years.
2. The murder of the representative of foreign states or international organizations, if this action was
committed with the purpose of provoking war, or complication of international relations, is punished with
imprisonment for the term of 10 to 15 years or for life.
Article 389. International terrorism:International terrorism, i.e., organization or implementation of an
explosion or arson or other acts in the territory of a foreign sate, with the purpose of international
complications or provocation of war or destabilization of a foreign state, aimed at the destruction of people,
or bodily injuries, destruction or spoilage of facilities, roads and means of transportation, communications,
or other assets, is punished with imprisonment for 10-15 years, or for life.
Article 390. Serious breach of international humanitarian law during armed conflicts.
1. The following serious violations of international humanitarian norms during armed conflict against
persons not immediately engaged in military actions or defenseless persons, the injured, ill, medical
personnel or clergy, sanitary units or sanitary means of transportation, POWs, civilians, civil population,
refugees, protected persons or other protected persons during military actions: 1) murder, 2) torture and
inhuman treatment, including biological experiments; 3) willfully inflicted serious sufferance or other
actions threatening man’s physical or mental state, is punished with imprisonment for 8-15 years, or for
life.
2. The committal of the following acts seriously violating international norms with respect to persons and
facilities mentioned in part 1 of this Article: 1) inflicting damage to health, 2) forcing a protected person or
POW to serve in the opponent army, 3) deprivation of a protected person or POW from impartial court
trial, 4) illegal deportation, removal and arrest of a protected person, or deprivation of freedom otherwise,
5) taking hostages, 6) illegal, willful destruction or realization of property not caused by military necessity,
is punished with imprisonment for 5-12 years.
3. The following acts seriously breaching international humanitarian norms, causing grave damage to
human physical or mental state during armed conflicts: 1) assault on civilian population or individual
civilians; 2) not selective assault which inflicts damage to the civilian population or civilian facilities, if it
is obvious that such assault will cause large losses amongst civilians or extremely large losses to civilian
facilities, if such damages are redundant for the achievement of specific and immediate military supremacy;
3) assault on facilities and equipment containing hazardous forces, if it is obvious that the assault will cause
extremely large damage to civilian facilities, if such damages are redundant for the achievement of specific
and immediate military supremacy; 4) targeting unprotected areas and demilitarized zones, 5) assault on a
person who, obviously for the perpetrator, ceased immediate participation in military actions, is punished
with imprisonment for 10-15 years, of for life.
4. The following acts seriously breaching the norms of international humanitarian law during armed
conflicts:
1) re-population by the aggressor state of part of one’s own population in the occupied territories, or
depopulation of the whole population or part thereof in the occupied territory, or movement within the
occupied territory or beyond its boundaries, 2) unjustified delay in the repatriation of POWs or civilians, 3)
humiliation of a person’s self-esteem, based on apartheid or racial discrimination, application of inhuman
and other humiliating practices, 4) targeting specially protected, clearly marked, cultural, spiritual and
historical monuments, works of art, ceremonial places, and inflicting large damage to the latter as a result
of assault, if these facilities are not in near proximity from military objectives and if there is no information
attesting to the use of these historical monuments, works of art, ceremonial places by the enemy for
military purposes, is punished with imprisonment for 8-12 years, 5. During armed conflicts, medical
intervention not necessitated by the health condition of the persons under jurisdiction of the enemy,
arrested or otherwise detained, and detrimental for the physical or mental condition of the latter violating
universally recognized medical norms, particularly, even with consent of these persons, inflicting physical
injuries to people, subjecting them to medical or scientific experiments, harvesting parts of body or tissues
for transplantation, is punished with imprisonment for 8-12 years.
6. Other violations of the norms of international humanitarian law, agreements envisaged by international
agreements during armed conflicts: is punished with imprisonment for up to 5 years.
Article 391. Inaction or making an illegal command during armed conflict.
1. During armed conflict, failure to take all possible measures by the commander or official, within the
authority of the latter, to prevent crimes under Articles 387, 390 by the subordinates, if the commander
knew or had information, which in the given situation should have helped him to conclude that the
subordinate is committing or tends to commit an offence, and if within his authority, he did not take all
possible measures to prohibit or to prevent this violation, is punished with imprisonment for 5-10 years.
2. The same action which was committed recklessly, is punished with imprisonment for 2-5 years.
3. During armed conflict, an order by the commander or official to the subordinate not spare anybody’s life
or other obviously criminal order, aimed at the committal of crimes envisaged in Articles 387, 390, is
punished with imprisonment for 5-15 years.
Article 392. Crimes against human security: Deportation, illegal arrest, enslavement, mass and regular
execution without trial, kidnapping followed by disappearance, torture or cruel treatment of civilians, due
to racial, national, ethnic identity, political views and religion, is punished with imprisonment for 7-15
years or for life.
Article 393. Genocide: The actions aimed at the complete or partial extermination of national, ethnic,
racial or religious groups by means of killing the members of this group, inflicting severe damage to their
health, violently preventing them from childbearing, enforced hand-over of children, violent re-population,
or physical elimination of the members of this group, are punished with imprisonment for the term of 13 to
15 years or with life sentence.
Article 394. Ecocide: Mass destruction of flora or fauna, poisoning the environment, the soils or water
resources, as well as implementation of other actions causing an ecological catastrophe, is punished with
imprisonment for the term of 10 to 15 years.
Article 395. Mercenaries:
 commit a crime in the country’s territory, and subjects its own nationals and
residents to liability for crimes committed outside the country, if their act is
considered a crime under the laws of Armenia or the country where the crime is
committed (art. 15)843.
3. Australia: There are two federal statutes in Australia that refer to proceedings
involving crimes against humanity:
• Criminal Code Act 1995: The relevant provisions in this legislation were inserted by
the International Criminal Court (Consequential Amendments) Act 2002.

1. Recruitment of mercenaries, mercenary training, financing or supporting them materially in any other
way, as well as using them in armed conflicts or military actions, is punished with imprisonment for the
term of 5 to 10 years.
2. The act envisaged in part 1 of this Article committed: 1) by abuse of official position; 2) involvement of
obvious minors, is punished with imprisonment for 7-12 years.
3. The participation of a mercenary in armed conflicts or military actions is punished with imprisonment for
3-7 years.
4. A mercenary is a specially recruited person who acts in order to receive financial compensation and is
not a citizen of the state participating in the armed conflicts or military actions, does not permanently reside
in its territory, is not a member of the armed forces of the state participating in the armed conflicts or
military actions, and is not sent by another state to carry out official duties in the armed forces.
Article 396. Assault on persons or organizations under international protection.
1. Assault on the employees of foreign states or international organizations under international protection,
or on family members residing with them, on office or residential buildings or means of transportation of
persons under international protection, if these actions were committed with the purpose of provoking war,
or complication of international relations, is punished with imprisonment for the term of 3 to 7 years.
2. The same actions which negligently caused human death, heavy damage to health or destruction of
property or important documents, is punished with imprisonment for the term of 3 to 12 years.
Article 397. Illegal use of identification signs protected by international treaties: During military
actions, the use of the symbols and insignia of the Red Cross or Red Crescent protected by international
treaties, the signs envisaged for marking cultural values or other protective signs, or the flag or national
identification symbols of the enemy or a neutral state, or the flags of international organizations, in breach
of international treaties and international law, is punished with correctional labor for 1-2 years or
imprisonment for up to 3 years.
843
Article 15: Effect of criminal law with regard to persons who committed crimes outside the territory of
the Republic of Armenia.
1. The citizens of the Republic of Armenia who committed crime outside the territory of the Republic of
Armenia, as well as stateless persons permanently residing in the Republic of Armenia, are subject to
criminal liability under the Criminal Code of the Republic of Armenia, if the act committed by them is
recognized as a crime in the legislation of the state where the crime was committed, and if they were not
convicted in another state. When convicting the above mentioned persons, the punishment can not exceed
the upper limit for punishment in the state where the crime was committed.
2. The citizens of the Republic of Armenia who committed crime outside the territory of the Republic of
Armenia, as well as stateless persons permanently residing in the Republic of Armenia, are subject to
criminal liability under Articles 384, 386-391, 393-397 of this Criminal Code, regardless whether the act is
considered or not considered a crime in the state where the crime was committed.
3. Foreign citizens and stateless persons not permanently residing in the Republic of Armenia, who
committed a crime outside the territory of the Republic of Armenia, are subject to criminal liability under
the Criminal Code of the Republic of Armenia, if they committed: 1) such crimes which are provided in an
international treaty of the Republic of Armenia; 2) such grave and particularly grave crimes which are
directed against the interests of the Republic of Armenia or the rights and freedoms of the RA citizens.
4. The rules established in part 3 of this Article are applicable if the foreign citizens and stateless persons
not permanently residing in the Republic of Armenia, have not been convicted for this crime in another
state and are subjected to criminal liability in the territory of the Republic of Armenia.
 • International Criminal Court Act 2002: The International Criminal Court Act 2002
sets out the procedural requirements relating to Australia’s cooperation with, and
provision of assistance to, the International Criminal Court.

The Criminal Code Act 1995 provides that Australian courts can have jurisdiction in
cases involving crimes against humanity, even if the offenses are also crimes within the
jurisdiction of the International Criminal Court. Chapter 8 Division 268 of the Code
deals with Genocide, crimes against humanity, war crimes and crimes against the
administration of the justice of the International Criminal Court. The relevant offenses
are set out in §§ 268.8 to 268.23 of the Code.844 Jurisdiction is available whether or not

844
Subdivision C—Crimes against humanity
268.8 Crime against humanity—murder: A person (the perpetrator) commits an offence if: (a) the
perpetrator causes the death of one or more persons; and (b) the perpetrator’s conduct is committed
intentionally or knowingly as part of a widespread or systematic attack directed against a civilian
population. Penalty: Imprisonment for life.
268.9 Crime against humanity—extermination: (1) A person (the perpetrator) commits an offence if: (a)
the perpetrator causes the death of one or more persons; and (b) the perpetrator’s conduct constitutes, or
takes place as part of, a mass killing of members of a civilian population; and (c) the perpetrator’s conduct
is committed intentionally or knowingly as part of a widespread or systematic attack directed against a
civilian population.
Penalty: Imprisonment for life.
(2) In subsection (1): causes the death of includes causes death by intentionally inflicting conditions of life
(such as the deprivation of access to food or medicine) intended to bring about the destruction of part of a
population.
268.10 Crime against humanity—enslavement: (1) A person (the perpetrator) commits an offence if: (a)
the perpetrator exercises any or all of the powers attaching to the right of ownership over one or more
persons (including the exercise of a power in the course of trafficking in persons, in particular women and
children); and (b) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread
or systematic attack directed against a civilian population. Penalty: Imprisonment for 25 years.
(2) In subsection (1):exercises any or all of the powers attaching to the right of ownership over a person
includes purchases, sells, lends or barters a person or imposes on a person a similar deprivation of liberty
and also includes exercise a power arising from a debt incurred or contract made by a person.
268.11 Crime against humanity—deportation or forcible transfer of population
(1) A person (the perpetrator) commits an offence if: (a) the perpetrator forcibly displaces one or more
persons, by
expulsion or other coercive acts, from an area in which the person or persons are lawfully present to
another country or location; and (b) the forcible displacement is contrary to paragraph 4 of article 12 or
article 13 of the Covenant; and (c) the perpetrator knows of, or is reckless as to, the factual circumstances
that establish the lawfulness of the presence of the person or persons in the area; and (d) the perpetrator’s
conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed
against a civilian population. Penalty: Imprisonment for 17 years.
(2) Strict liability applies to paragraph (1)(b).
(3) In subsection (1): forcibly displaces one or more persons includes displaces one or more persons: (a) by
threat of force or coercion (such as that caused by fear of violence, duress, detention, psychological
oppression or
abuse of power) against the person or persons or against another person; or
(b) by taking advantage of a coercive environment.
268.12 Crime against humanity—imprisonment or other severe deprivation of physical liberty
(1) A person (the perpetrator) commits an offence if: (a) the perpetrator imprisons one or more persons or
otherwise severely deprives one or more persons of physical liberty;
And (b) the perpetrator’s conduct violates article 9, 14 or 15 of the Covenant; and (c) the perpetrator’s
conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed
against a civilian population. Penalty: Imprisonment for 17 years.
(2) Strict liability applies to paragraph (1)(b).
268.13 Crime against humanity—torture: A person (the perpetrator) commits an offence if: (a) the
perpetrator inflicts severe physical or mental pain or suffering upon one or more persons who are in the
custody or under the control of the perpetrator; and (b) the pain or suffering does not arise only from, and is
not inherent in or incidental to, lawful sanctions; and (c) the perpetrator’s conduct is committed
intentionally or knowingly as part of a widespread or systematic attack directed against a civilian
population. Penalty: Imprisonment for 25 years.
268.14 Crime against humanity—rape
(1) A person (the perpetrator) commits an offence if: (a) the perpetrator sexually penetrates another person
without the consent of that person; and (b) the perpetrator knows of, or is reckless as to, the lack of consent;
and
(c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic
attack directed against a civilian population. Penalty: Imprisonment for 25 years.
(2) A person (the perpetrator) commits an offence if: (a) the perpetrator causes another person to sexually
penetrate
the perpetrator without the consent of the other person; and (b) the perpetrator knows of, or is reckless as
to, the lack of consent; and (c) the perpetrator’s conduct is committed intentionally or knowingly as part of
a widespread or systematic attack directed against a civilian population. Penalty: Imprisonment for 25
years.
(3) In this section: consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent
to an act: (a) the person submits to the act because of force or the fear of force to the person or to someone
else;
(b) the person submits to the act because the person is unlawfully detained; (c) the person is asleep or
unconscious, or is so affected by alcohol or another drug as to be incapable of consenting; (d) the person is
incapable of understanding the essential nature of the act; (e) the person is mistaken about the essential
nature of the act (for example, the person mistakenly believes that the act is for medical or hygienic
purposes); (f) the person submits to the act because of psychological oppression or abuse of power;
(g) the person submits to the act because of the perpetrator taking advantage of a coercive environment.
(4) In this section: sexually penetrate means: (a) penetrate (to any extent) the genitalia or anus of a person
by any part of the body of another person or by any object manipulated by that other person; or (b)
penetrate (to any extent) the mouth of a person by the penis of another person; or (c) continue to sexually
penetrate as defined in paragraph (a) or (b).
(5) In this section, being reckless as to a lack of consent to sexual penetration includes not giving any
thought to whether or not the person is consenting to sexual penetration.
(6) In this section, the genitalia or other parts of the body of a person include surgically constructed
genitalia or other parts of the body of the person.
268.15 Crime against humanity—sexual slaver:
(1) A person (the perpetrator) commits an offence if: (a) the perpetrator causes another person to enter into
or remain
in sexual slavery; and (b) the perpetrator intends to cause, or is reckless as to causing, that sexual slavery;
and (c) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or
systematic attack
directed against a civilian population. Penalty: Imprisonment for 25 years.
(2) For the purposes of this section, sexual slavery is the condition of a person who provides sexual services
and who, because of the use of force or threats: (a) is not free to cease providing sexual services; or (b) is
not free to leave the place or area where the person provides sexual services.
(3) In this section: sexual service means the use or display of the body of the person providing the service
for the sexual gratification of others. threat means: (a) a threat of force; or (b) a threat to cause a person’s
deportation; or
(c) a threat of any other detrimental action unless there are reasonable grounds for the threat of that action
in connection with the provision of sexual services by a person.
268.16 Crime against humanity—enforced prostitution
(1) A person (the perpetrator) commits an offence if: (a) the perpetrator causes one or more persons to
engage in one
or more acts of a sexual nature without the consent of the person or persons, including by being reckless as
to whether there is consent; and (b) the perpetrator intends that he or she, or another person, will obtain
pecuniary or other advantage in exchange for, or in connection with, the acts of a sexual nature; and (c) the
perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack
directed against a civilian population. Penalty: Imprisonment for 25 years.
(2) In subsection (1): consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act: (a) the person
submits to the act because of force or the fear of force to the person or to someone else; (b) the person
submits to the act because the person is unlawfully detained; (c) the person is asleep or unconscious, or is
so affected by alcohol or another drug as to be incapable of consenting; (d) the person is incapable of
understanding the essential nature of the act; (e) the person is mistaken about the essential nature of the act
(for example, the person mistakenly believes that the act is for medical or hygienic purposes); (f) the person
submits to the act because of psychological oppression or abuse of power; (g) the person submits to the act
because of the perpetrator taking advantage of a coercive environment. threat of force or coercion includes:
(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological
oppression or abuse of power; or (b) taking advantage of a coercive environment.
(3) In subsection (1), being reckless as to whether there is consent to one or more acts of a sexual nature
includes not giving any thought to whether or not the person or persons are consenting to engaging in the
act or acts of a sexual nature.
268.17 Crime against humanity—forced pregnancy
(1) A person (the perpetrator) commits an offence if: (a) the perpetrator unlawfully confines one or more
women
forcibly made pregnant; and (b) the perpetrator intends to affect the ethnic composition of any population
or to destroy, wholly or partly, a national, ethnical, racial or religious group, as such; and (c) the
perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack
directed against a civilian population. Penalty: Imprisonment for 25 years.
(2) In subsection (1): forcibly made pregnant includes made pregnant by a consent that was affected by
deception or by natural, induced or age-related incapacity.
(3) To avoid doubt, this section does not affect any other law of the Commonwealth or any law of a State or
Territory.
268.18 Crime against humanity—enforced sterilisation
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator deprives one or more persons of biological reproductive capacity; and (b) the deprivation
is not effected by a birth-control measure that has a non-permanent effect in practice; and (c) the
perpetrator’s conduct is neither justified by the medical or hospital treatment of the person or persons nor
carried out with the consent of the person or persons; and (d) the perpetrator’s conduct is committed
intentionally or knowingly as part of a widespread or systematic attack directed against a civilian
population. Penalty: Imprisonment for 25 years.
(2) In subsection (1): consent does not include consent effected by deception or by natural, induced or age-
related incapacity.
268.19 Crime against humanity—sexual violence
(1) A person (the perpetrator) commits an offence if: (a) the perpetrator does either of the following: (i)
commits an act or acts of a sexual nature against one or more persons; (ii) causes one or more persons to
engage in an act or acts
of a sexual nature; without the consent of the person or persons, including by being reckless as to whether
there is consent; and (b) the perpetrator’s conduct is of a gravity comparable to the offences referred to in
sections 268.14 to 268.18; and (c) the perpetrator’s conduct is committed intentionally or\ knowingly as
part of a widespread or systematic attack directed against a civilian population. Penalty: Imprisonment for
25 years.
(2) Strict liability applies to paragraph (1)(b).
(3) In subsection (1): consent means free and voluntary agreement.
The following are examples of circumstances in which a person does not consent to an act: (a) the person
submits to the act because of force or the fear of force to the person or to someone else; (b) the person
submits to the act because the person is unlawfully detained; (c) the person is asleep or unconscious, or is
so affected by alcohol or another drug as to be incapable of consenting; (d) the person is incapable of
understanding the essential nature of the act; (e) the person is mistaken about the essential nature of the act
(for example, the person mistakenly believes that the act is for medical or hygienic purposes); (f) the person
submits to the act because of psychological oppression or abuse of power; (g) the person submits to the act
because of the perpetrator taking advantage of a coercive environment. threat of force or coercion includes:
(a) a threat of force or coercion such as that caused by fear of violence, duress, detention, psychological
oppression or abuse of power; or (b) taking advantage of a coercive environment. (4) In subsection (1),
being reckless as to whether there is consent to one or more acts of a sexual nature includes not giving any
thought to whether or not the person is consenting to the act or acts of a sexual nature.
268.20 Crime against humanity—persecution
(1) A person (the perpetrator) commits an offence if: (a) the perpetrator severely deprives one or more
persons of any of the rights referred to in paragraph (b); and (b) the rights are those guaranteed in articles 6,
7, 8 and 9, paragraph 2 of article 14, article 18, paragraph 2 of article 20, paragraph 2 of article 23 and
article 27 of the Covenant; and (c) the perpetrator targets the person or persons by reason of the identity of
a group or collectivity or targets the group or collectivity as such; and (d) the grounds on which the
targeting is based are political, racial, national, ethnic, cultural, religious, gender or other grounds that are
recognised in paragraph 1 of article 2 of the Covenant; and (e) the perpetrator’s conduct is committed in
connection with another act that is: (i) a proscribed inhumane act; or (ii) genocide; or (iii) a war crime; and
(f) the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic
attack directed against a civilian population. Penalty: Imprisonment for 17 years.
(2) Strict liability applies to: (a) the physical element of the offence referred to in paragraph (1)(a) that the
rights are those referred to in paragraph (1)(b); and (b) paragraphs (1)(b) and (d). 268.21 Crime against
humanity—enforced disappearance of persons .
(1) A person (the perpetrator) commits an offence if: (a) the perpetrator arrests, detains or abducts one or
more persons; and(b) the arrest, detention or abduction is carried out by, or with the authorisation, support
or acquiescence of, the government of a country or a political organisation; and (c) the perpetrator intends
to remove the person or persons from the protection of the law for a prolonged period of time; and (d) the
perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack
directed against a civilian population; and (e) after the arrest, detention or abduction, the government or
organisation refuses to acknowledge the deprivation of freedom of, or to give information on the fate or
whereabouts of, the person or persons. Penalty: Imprisonment for 17 years.
(2) A person (the perpetrator) commits an offence if: (a) one or more persons have been arrested, detained
or
abducted; and (b) the arrest, detention or abduction was carried out by, or with the authorisation, support or
acquiescence of, the government of a country or a political organisation; and (c) the perpetrator refuses to
acknowledge the deprivation of freedom, or to give information on the fate or whereabouts, of the person or
persons; and (d) the refusal occurs with the authorisation, support or acquiescence of the government of the
country or the political organisation; and (e) the perpetrator knows that, or is reckless as to whether, the
refusal was preceded or accompanied by the deprivation of freedom; and (f) the perpetrator intends that the
person or persons be removed from the protection of the law for a prolonged period of time; and (g) the
arrest, detention or abduction occurred, and the refusal occurs, as part of a widespread or systematic attack
directed against a civilian population; and (h) the perpetrator knows that the refusal is part of, or intends the
refusal to be part of, such an attack. Penalty: Imprisonment for 17 years.
268.22 Crime against humanity—apartheid: A person (the perpetrator) commits an offence if: (a) the
perpetrator commits against one or more persons an act that is a proscribed inhumane act (as defined by the
Dictionary) or an act that is of a nature and gravity similar to any such proscribed inhumane act; and (b) the
perpetrator’s conduct is committed in the context of an institutionalised regime of systematic oppression
and domination by one racial group over any other racial group or groups; and (c) the perpetrator knows of,
or is reckless as to, the factual circumstances that establish the character of the act; and (d) the perpetrator
intends to maintain the regime by the conduct; and (e) the perpetrator’s conduct is committed intentionally
or knowingly as part of a widespread or systematic attack directed against a civilian population. Penalty:
Imprisonment for 17 years.
the offense was committed in Australia. 845 The Attorney-General must give permission
for charges to be brought under these provisions. 846 There can be no double jeopardy
where a person has already been tried for the same offense in the International Criminal
Court.847

4. Austria: Austria cooperates with the International Criminal Court under a Federal
Act on Cooperation with the ICC 848, but has not enacted Austrian criminal
provisions on crimes against humanity or jurisdictional provisions for such
crimes. While the Austrian Penal Code contains no provisions on crimes against
humanity, it does contain a provision on genocide.
In its jurisdictional provisions, the Austrian Penal Code does not list either genocide or
crimes against humanity as offenses over which Austria would exercise jurisdiction if
committed abroad without any relation to Austria. For genocide, however, the Austrian
Supreme Court found criminal jurisdiction to exist in Austria849on the basis of section

268.23 Crime against humanity—other inhumane act: A person (the perpetrator) commits an offence if:
(a) the perpetrator causes great suffering, or serious injury to body or to mental or physical health, by
means of an inhumane act; and (b) the act is of a character similar to another proscribed inhumane act as
defined by the Dictionary; and (c) the perpetrator’s conduct is committed intentionally or knowingly as part
of a widespread or systematic attack directed against a civilian population.
845
268.117 Geographical jurisdiction
(1) Section 15.4 (extended geographical jurisdiction—Category D) applies to genocide, crimes against
humanity and war crimes.
15.4 Extended geographical jurisdiction—category D: If a law of the Commonwealth provides that this
section applies to a particular offence, the offence applies: (a) whether or not the conduct constituting the
alleged offence occurs in Australia; and (b) whether or not a result of the conduct constituting the alleged
offence occurs in Australia.
846
16.1 Attorney-General’s consent required for prosecution if alleged conduct occurs wholly in a
foreign country in certain circumstances
(1) Proceedings for an offence must not be commenced without the Attorney-General’s written consent if:
(a) section 14.1, 15.1, 15.2, 15.3 or 15.4 applies to the offence; and (b) the conduct constituting the alleged
offence occurs wholly in a foreign country; and (c) at the time of the alleged offence, the person alleged to
have committed the offence is neither: (i) an Australian citizen; nor (ii) a body corporate incorporated by or
under a law of the Commonwealth or of a State or Territory.
(2) However, a person may be arrested for, charged with, or remanded in custody or released on bail in
connection with an offence before the necessary consent has been given.
268.121 Bringing proceedings under this Division
(1) Proceedings for an offence under this Division must not be commenced without the Attorney-General’s
written consent.
(2) An offence against this Division may only be prosecuted in the name of the Attorney-General.
(3) However, a person may be arrested, charged, remanded in custody, or released on bail, in connection
with an offence under this Division before the necessary consent has been given.
847
268.118 Double jeopardy: A person cannot be tried by a federal court or a court of a State or Territory
for an offence under this Division if the person has already been convicted or acquitted by the International
Criminal Court for an offence constituted by substantially the same conduct as constituted the offence
under this Division.
848
available at http://www.icrc.org/IHL-NAT.NSF/0/1AB5EA49F1F8B771C1256AFD00 5AB20B).
849
Oberster Gerichtshof, decision July 13, 1994, docket no. 15 Os 99/94, available at
http://www.ris.bka.gv.at/Dokumente/Justiz/JJR_19940713_OGH0002_0150OS00099_9400000_003/JJR_1
9940713_OGH0002_0150OS00099_9400000_003.html.
65(1), number 2, of the Austrian Penal Code, which establishes Austrian criminal
jurisdiction over acts committed abroad by perpetrators who were apprehended in Austria
and who, due to existing circumstances, cannot be prosecuted in the place of commission.
The Austrian decision was also based on Article 6850 of the United Nations Genocide
Convention, which requires the member states to exercise such jurisdiction.

5. Azerbaijan: An English translation of the Criminal Code for Azerbaijan adopted

Sept. 30, 1999.851 It provides for the prosecution of crimes against humanity and
war crimes, placing relevant provisions in specific sections of the Code (Chapter
16, arts. 100-113)852. The Code subjects to liability all individuals who commit a

850
Article 6: Persons charged with genocide or any of the other acts enumerated in Article 3 shall be tried
by a competent tribunal of the State in the territory of which the act was committed, or by such
international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall
have accepted its jurisdiction.
851
found at http://www.legislationline.org/documents/section/criminal-codes (last visited Apr. 28, 2010).
852
CHAPTER 16: CRIMES AGAINST PEACE AND SECURITY OF HUMANTY
Article 100. Planning, preparation, implementation or conducting of aggressive war
100.1. Planning, preparation or implementation of aggressive war – shall be punished by imprisonment for
the term from eight up to ten years.
100.2. Conducting of aggressive war – shall be punished by imprisonment for the term from ten up to
fifteen years or life imprisonment.
Article 101. Public appeals to implementation of aggressive war
101.1. Public appeals to implementation of aggressive war – shall be punished by restriction of freedom
for the term up to three years or imprisonment on the same term.
101.2. The same acts accomplished with use of mass media or official – shall be punished by imprisonment
for the term from two up to five years with deprivation of a right to hold a certain posts or to engage in the
certain activities for the term up to three years or without it.
Article 102. Attack on persons or establishments, which use international protection: The attack on
representative of the foreign state or employee of the international organization which use international
protection, as well as on service, other premises or vehicles of these persons, committed with a view of
provocation of war or complication of the international relations – shall be punished by imprisonment for
the term from five up to ten years.
Article 103. Genocide: Actions, directed on full or partial destruction of national, ethnic, racial or religious
groups by means of killing members of this group, causing serious harm to their health or serious harm to
their mental faculties, creations of the vital conditions designed for full or partial physical destruction of
members of this group, realization of the actions directed on prevention of birth rate inside group,
compulsory transfer of children belonging to one group, to another – shall be punished by imprisonment for
the term of from ten till fifteen years or life imprisonment.
Article 104. Solicitation to commitment of a genocide: Direct and obvious solicitation to commitment of
any acts provided by article 103 of the present Code– shall be punished by imprisonment for the term from
five up to ten years.
Article 105. Destruction of population: Full or partial destruction of population at absence of attributes of a
genocide – shall be punished by imprisonment for the term from ten up to fifteen years or life
imprisonment.
NOTE: Crimes shall be admitted as crimes against safety of mankind at deliberate acts provided by articles
105-113 of the present chapter, being component to large-scale or regular attacks on civilians in peace time,
and military time.
Article 106. Slavery
106.1. The slavery, that is full or partial realization above a person of the competencies inherent to the
property right – shall be punished by imprisonment for the term from five up to ten years.
106.2. The same act accomplished concerning a minor or with the purpose of moving of a person in the
foreign state – shall be punished by imprisonment for the term from seven up to twelve years.
106.3. Slavery sales, that is maintenance of the person with a purpose of transfer into to slave or use as a
slave, his sale or an exchange, and also any act connected with slave sales or transfer into slave, as well as
sexual slavery or an encroachment on sexual freedom on grounds of slavery – shall be punished by
imprisonment for the term from five up to ten years.
Article 107. Deportation or forced exile of population: Forced exile of population from lawful places of a
settlement to other state or exile by other compulsory actions, without grounds provided by norms of
international law and laws of the Azerbaijan Republic – shall be punished by imprisonment for the term
from ten up to fifteen years.
Article 108. Sexual violence: Rape, compulsion to prostitution, compulsory sterilization or commitment
against persons of other actions connected to sexual violence –shall be punished by imprisonment for the
term from ten up to fifteen years or life imprisonment.
Article 108-1. Compulsory pregnancy – Came into force by the law of the Azerbaijan Republic from July2,
2001.Illegal imprisonment of a woman, for forced pregnancy with a view to change ethnic structure of this
or another population or accompanying another gross infringements of international law – shall be
punished by imprisonment for the term from ten up to fifteen years or life imprisonment.
Article 109. Discrimination: Prosecution of any group or organization on political, racial, national, ethnic,
cultural, religious motives, motives of a sexual belonging or on grounds of another motive forbidden by
norms of international law, that is rough infringement of rights of people for a belonging to these groups or
organizations, connected with other crimes against safety of mankind – shall be punished by imprisonment
for the term of from five till ten years.
Article 110. Violent keeping of a person: Detention, arrest or kidnapping of a person with the purpose of
deprivation of lawful protection on long term under task, support or with consent of the state or political
organization and subsequent denying of the fact on imprisonment of a person or refusal giving data about
his attendance or place of staying – shall be punished by imprisonment for the term from five up to ten
years or life imprisonment.
Article 111. Racial discrimination (apartheid)
111.0. The acts accomplished with a purpose of the organization and maintenance of superiority of one
racial group for destroying of other racial group:
111.0.1. denying of a members right of racial group or groups on life and freedom, that is murder of
members of racial group or groups, drawing of heavy harm to their health or serious harm to mental
faculties, application to them of tortures or reference severe, brutal or humiliating advantage and
punishments, as well as any arrest or illegal imprisonment;
111.0.2. creation for racial group or groups of the living conditions designed for their full or partial
physical destruction;
111.0.3. realization of any legislative or other action with a purpose ,of hindrance to participation of racial
group or groups in political, social, economic and cultural life of the country, to development of such group
or groups by denying belonging to members of this group or groups of rights and freedom of a person,
including a right to work, creation of trade unions, education, departure and entrance to the country,
citizenship, a freedom to move and a choose of a residence, idea and word, associations and assemblies;
111.0.4. implementation of any measures, including legislative, with the purpose of division of a population
into racial groups by means of creation of reservoirs and ghetto, prohibitions of mixed marriages between
various racial groups, forced take of ground areas belonging to racial group or groups or their members
without their consent;
111.0.5. operation of work of persons belonging to racial group or groups;
111.0.6. prosecution of organizations and persons opposing apartheid, by means of deprivation of their
right and freedom – shall be punished by imprisonment for the term from ten up to fifteen years or life
imprisonment.
Article 112. Imprisonment in infringement of international law norms: Arrest or other imprisonment of
persons, in infringement of international law norms – shall be punished by imprisonment for the term from
five up to eight years.
Article 113. Application of tortures: Causing of a physical pain or mental sufferings to detained persons or
persons, or other restrictions of freedom – shall be punished by imprisonment for the term from seven up to
ten years.
 crime in the country’s territory under Art. 11.1853, and subjects its own nationals
and residents to liability for crimes committed outside the country, if their act is
considered a crime under the laws of Azerbaijan or the country where the crime is
committed. Azerbaijan extends the jurisdiction of its Criminal Code to all
individuals present in Azerbaijan, regardless of the fact of where a crime against
humanity has been committed (art. 12.3)854.
6. Belgium: In Belgium, crimes against humanity are governed by the Law of June
16, 1993, as amended in August 2003, on the Punishment of Serious Violations of
International Humanitarian Law. The Law has been incorporated into the Penal
Code under Articles 136bis to 136octies. Article 136bis defines genocide.
Article 136ter lists acts that if organized and committed against a section of the
civilian population become crimes against humanity. They include, among
others, murder, extermination, enslavement, deportation, torture, rape,
disappearance of persons, apartheid, and other similar acts intentionally causing
very serious suffering or grave encroachment on the victims’ physical integrity or
mental health. Article 136quater provides that war crimes listed in the Geneva
Conventions and Protocols and in Article 8, § 2(f), of the Rome Statute are also
governed by the present Law if they encroach upon the protection and property
guarantees provided by these international instruments. Crimes against humanity
are generally punished by life imprisonment.
Under Article 6 of the Criminal Investigation Code, Belgian courts have jurisdiction
over Belgian citizens and persons having their principal residence in Belgium who
committed crimes against humanity outside Belgian territory.

7. Bosnia-Herzegovina: An English translation of the Criminal Code for Bosnia-

Herzegovina entered into force on Mar. 1, 2003. 855 It provides for the
prosecution of crimes against humanity and war crimes, placing relevant

853
Article 11. Implementation of the criminal law on the persons who have committed a crime on the
territory of the Azerbaijan Republic
11.1. The person, who has committed a crime on the territory of the Azerbaijan Republic, shall be applied
to the criminal liability by the present Code. The crime, which has begun, proceeded, or terminated on
territory of the Azerbaijan Republic, shall be admitted as crime committed on the territory of the
Azerbaijan Republic.
854
Article 12.3. Citizens of the Azerbaijan Republic, foreigners and persons without the citizenship, who
have committed crimes against the peace and mankind’s, war crimes, terrorism, financing of terrorism,
stealing of an air ship, capture of hostages, torture, a sea piracy, illegal circulation of narcotics and
psychotropic substances, manufacturing or sale of false money, attack on persons or the organizations using
the international protection, the crimes connected to radioactive materials, and also other crimes, punish of
which stipulated in international agreements to which the Azerbaijan Republic is a party, shall be instituted
to criminal liability and punishment under the Present Code, irrespective of a place of committing a crime.
855
can be found at http://www.legislationline.org/documents/section/criminal-codes (last visited July 10,
2014).
 provisions in specific sections of the Code (Chapter 17, art. 172)856. The Code
subjects to liability all individuals who commit a crime in the country’s territory,
and subjects its own nationals and residents to liability for crimes committed
outside the country, if their act is considered a crime under the laws of Bosnia-
Herzegovina or the country where the crime is committed. The Code provides for
additional jurisdiction over crimes committed by anyone outside of the country
against Bosnia-Herzegovina’s state interests or for cases provided for in

856
C H A P T E R – 17: CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY
INTERNATIONAL LAW: Article 172: Crimes against Humanity:

(1) Whoever, as part of a widespread or systematic attack directed against any civilian population, with
knowledge of such an attack perpetrates any of the following acts: a) Depriving another person of his life
(murder); b) Extermination; c) Enslavement; d) Deportation or forcible transfer of population; e)
Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of
international law; f) Torture; g) Coercing another by force or by threat of immediate attack upon his life or
limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape),
sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual
violence of comparable gravity; h) Persecutions against any identifiable group or collectivity on political,
racial, national, ethnic, cultural, religious or sexual gender or other grounds that are universally recognised
as impermissible under international law, in connection with any offence listed in this paragraph of this
Code, any offence listed in this Code or any offence falling under the competence of the Court of Bosnia
and Herzegovina; i) Enforced disappearance of persons; j) The crime of apartheid; k) Other inhumane acts
of a similar character intentionally causing great suffering, or serious injury to body or to physical or
mental health, shall be punished by imprisonment for a term not less than ten years or long-term
imprisonment.
(2) For the purpose of paragraph 1 of this Article the following terms shall have the following meanings: a)
Attack directed against any civilian population means a course of conduct involving the multiple
perpetrations of acts referred to in paragraph 1 of this Article against any civilian population, pursuant to or
in furtherance of a State or organisational policy to commit such attack. b) Extermination includes the
intentional infliction of conditions of life, especially deprivation of access to food and medicines,
calculated to bring about the destruction of part of a population. c) Enslavement means the exercise of any
or all of the powers attaching to the right of ownership over a person, and includes the exercise of such
power in the course of trafficking in persons, in particular women and children.
d) Deportation or forcible transfer of population means forced displacement of the persons concerned by
expulsion or other coercive acts from the area in which they are lawfully present, without grounds
permitted under international law.
e) Torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon a
person in the custody by the accused or under control of the accused by the perpetrator or under supervision
of the perpetrator; except that torture shall not include pain or suffering arising only from, or being inherent
in or incidental to, lawful sanctions. f) Forced pregnancy means the unlawful confinement of a woman
forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying
out other grave violations of international law. g) Persecution means the intentional and severe deprivation
of fundamental rights, contrary to international law, by reason of the identity of a group or collectivity. h)
Enforced disappearance of persons means the arrest, detention or abduction of persons by, or with the
authorisation, support or acquiescence of, a State or a political organisation, followed by a refusal to
acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those
persons, with an aim of removing them from the protection of the law for a prolonged period of time. i) The
crime of apartheid means inhumane acts of a character similar to those referred to in paragraph 1 of this
Article, perpetrated in the context of an institutionalised regime of systematic oppression and domination
by one racial group over any other racial group or groups and perpetrated with an aim of maintaining that
regime.
 international agreements irrespective of the laws of the state where the crime was
committed (art. 12).857
8. Brazil: On September 25, 2002, the Brazilian government issued Decree No.
4,388858, which promulgated the Rome Statute. The Rome Statute had been
previously approved by the Brazilian Congress on June 6, 2002, through
Legislative Decree No. 112 and, in accordance with Article 126 of the Rome
Statute, entered into force in Brazil on September 1, 2002. In regard to the
incorporation of the Rome Statute into the country’s criminal laws, Brazil has yet
to amend its Penal Code to comport with the provisions of the Rome Statute.
9. Bulgaria: An English translation of the Criminal Code of the Republic of
Bulgaria adopted in April 1968, amended as of May 2005. 859 It provides for the
prosecution of crimes against humanity and war crimes, placing relevant
provisions in specific sections of the Code (Chapter 14, arts. 407-418)860. The

857
Article 12: Exclusion of applicability of the criminal legislation of Bosnia and Herzegovina to children.
858
Decreto No. 4,388 de 25 de Setembro de 2002, Brazilian Presidency website, available at
http://www.planalto.gov.br/ccivil_03/decreto/2002/D4388.htm.
859
can be found at http://www.legislationline.org/documents/section/criminal-codes (last visited Apr. 28,
2010).
860
Chapter 14: CRIMES AGAINST PEACE AND HUMANITY:
Section I:Crimes Against Peace:
Article 407: A person who in any way makes propaganda for war, shall be punished by deprivation of
liberty for up to eight years.
Article 408: A person who, directly or indirectly, through the press, by speech, over the radio or in any
other way, strives to provoke an armed attack by one state on another, shall be punished for abetment to
war by deprivation of liberty for three to ten years.
Article 409(Amended, SG No. 153/1998): A person who plans, prepares or wages an aggressive war, shall
be punished by deprivation of liberty for a term of fifteen to twenty years, or by life imprisonment without
substitution.
Section II: Crimes Against the Laws and Customs of Waging War
Article 410
A person who in violation of the rules of international law for waging war: a) perpetrates or orders the
perpetration of, on wounded, sick, shipwrecked persons or sanitary personnel, acts of murder, tortures, or
inhuman treatment, including biological experiments, inflicts or orders grave sufferings, mutilation or other
impairments of health to be inflicted to such persons; b) perpetrates, or orders to be perpetrated, major
destruction or appropriations of sanitary materials or installations, (Amended, SG No. 153/1998) shall be
punished by deprivation of liberty f or a term of from five up to twenty years, or by life imprisonment
without substitution.
Article 411
A person who in violation of the rules of international law for waging war: a) perpetrates or orders to be
perpetrated with regard to prisoners of war murder, tortures or inhuman treatment, including biological
experiments or causes or orders grave sufferings, mutilation or other impairments of health to be inflicted
on such persons; b) compels a prisoner of war to serve in the armed forces of the enemy state, or c)
deprives a prisoner of war of the right to be tried by a regular court and under a regular procedure,
(Amended, SG No. 153/1998) shall be punished by deprivation of liberty for a term of from five up to
twenty years or by life imprisonment without substitution.
Article 412 (Amended, SG No. 153/1998)
A person who in violation of the rules of international law for waging war: a) perpetrates or orders with
regard to the civil population murders, tortures, inhuman treatment, including biological experiments to be
perpetrated, causes or orders grave sufferings, mutilation or other serious impairments of health to be
inflicted; b) takes or orders hostages to be taken; c) carries out or orders unlawful deportations,
persecutions or detentions to be effected; d) compels a civilian to serve in the armed forces of an enemy
state; e) deprives a civilian of his right to be tried by a regular court and under a regular procedure; f)
unlawfully and arbitrarily perpetrates or orders the perpetration of destruction or appropriations of property
on a large scale, (Amended, SG No. 153/1998) shall be punished by deprivation of liberty for a term of
from five up to twenty years or by life imprisonment without substitution.
Article 413
A person who, without having such right, bears the insignia of the Red Cross or of the Red Crescent or who
abuses a flag or the insignia of the Red Cross or the Red Crescent or the colour determined for transport
vehicles for sanitary evacuation, shall be punished by deprivation of liberty for up to two years.
Article 414
(1) A person who, in violation of the rules of international law for waging war destroys, damages or makes
unfit cultural or historical monuments and objects, works of art, buildings and equipment intended for
cultural, scientific or other humanitarian purposes, shall be punished by deprivation of liberty for one to ten
years.
(2) The same punishment shall also be imposed on a person who steals, unlawfully appropriates or conceals
objects indicated in the preceding paragraph or imposes contribution or confiscation with respect to such
objects.
Article 415
(1) (Supplemented, SG. No. 62/1997, amended and supplemented, SG No. 92/2002) A person who, in
violation of the rules of international law for waging war uses or orders nuclear, chemical, bacteriological,
biological or toxic weapons or impermissible ways or means for waging war to be used, shall be punished
by deprivation of liberty for three to ten years.
(2) (Amended, SG No. 153/1998) If particularly grave consequences have set in therefrom, the punishment
shall be deprivation of liberty for a term of from ten up to twenty years or life imprisonment without
substitution.
Article 415a (New, SG No. 92/2002)
Anyone who undertakes military preparation for the use of nuclear, chemical, bacteriological, biological or
toxic weaponry as means of war, shall be punished by deprivation of liberty from one to six years.
Section III: Liquidation of Groups of the Population (Genocide) and Apartheid
Article 416
(1) A person who, for the purpose of liquidating, completely or in part, a certain national, ethnic, racial or
religious group: a) causes death, severe bodily injury or permanent derangement of the consciousness of a
person belonging to such a group; b) places the group under living conditions such that lead to its full or
partial physical liquidation; c) takes measures aimed at checking the birth rate amid such a group; d)
forcefully transfers children from one group to another, (Amended, SG No. 153/1998) shall be punished for
genocide by deprivation of liberty for a term of from ten up to twenty years or by life imprisonment without
substitution.
(2) (Previous Article 417,- SG, No. 95/1975) A person who commits preparation for genocide shall be
punished by deprivation of liberty for two to eight years.
(3) (Previous Article 418, SG No. 95/1975) A person who openly and directly incites genocide, shall be
punished by deprivation of liberty for one to eight years.
Article 417 (New, SG No. 95/1975, amended, SG No. 153/1998)
A person who with the aim of establishing or maintaining domination or systematic oppression of one
racial group of people over another racial group of people: a) causes death or severe bodily injury to one or
more persons of such a group of people, or b) imposes living conditions of such a nature as to cause
complete or partial physical liquidation of a racial group of people, (Amended, SG No. 153/1998) shall be
punished for apartheid by deprivation of liberty for a term of from ten up to twenty years or by life
imprisonment without substitution.
Article 418 (New, SG No. 95/1975)
A person who for the purpose under the preceding article:
a) unlawfully deprives of liberty members of a racial group of people or subjects them to compulsory
labour;
b) puts into operation measures for hindering the participation of a racial group of people in the political,
social, economic and cultural life of the country, and for intentional creation of conditions hampering the
 Code subjects to liability all individuals who commit a crime in the country’s
territory, and subjects its own nationals and residents to liability for crimes
committed outside the country, if their act is considered a crime under the laws of
Bulgaria or of the country where the crime was committed (art. 4)861. Article 6(1)
states that the Code applies to anyone who has committed a crime against “peace
and mankind affecting interests of another country or foreign citizens.”
10. Cambodia: There is a Cambodian statute that defines crimes against humanity.
However, it only deals with crimes committed during the period from April 17,
1975, to January 6, 1979. (Law on the Establishment of Extraordinary Chambers
in the Courts of Cambodia for the Prosecution of Crimes Committed during the
Period of Democratic Kampuchea, NS/RKM/0801/12 (2001), as amended by
NS/RKM/1004/006 (2004), art. 5.862
11. Canada: The Crimes Against Humanity and War Crimes Act, 2000,863 applies to
all crimes against humanity committed within Canada. (S.4.)864 For wrongs
committed outside the country, the Act provides that: A person who is alleged to

full development of such a group of people, in particular by depriving its members of the basic freedoms
and rights of citizens;
c) puts into operation measures for dividing the population by racial features through setting up of
reservations and ghettos, through the ban of mixed marriages between members of different racial groups
or through expropriation of real property belonging thereto;
d) deprives of basic rights and freedoms organisations and persons, because they are opposed to apartheid,
shall be punished by deprivation of liberty for five to fifteen years.
861
Article 4
(1) The Criminal Code shall apply to the Bulgarian citizens also for crimes committed by them abroad.
(2) (Amended, SG No. 75/2006) No citizen of the Republic of Bulgaria can be transferred to another state
or an international court of justice for the purposes of prosecution, unless this has been provided for in an
international agreement, which has been ratified, published and entered into force in respect to the Republic
of Bulgaria.
862
unofficial English translation available at http://www.adh-geneva.ch/RULAC/pdf_state/ECCC-Law-as-
amended-27-Oct-2004-Eng.pdf.
863
http://laws-lois.justice.gc.ca/eng/C-45.9/index.html (last visited July 10, 2014.
864
Section.4: (1) Every person is guilty of an indictable offence who commits: (a) genocide; (b) a crime
against humanity; or (c) a war crime. Conspiracy, attempt, etc.
(1.1) Every person who conspires or attempts to commit, is an accessory after the fact in relation to, or
counsels in relation to, an offence referred to in subsection (1) is guilty of an indictable offence.
(2) Every person who commits an offence under subsection (1) or (1.1) (a) shall be sentenced to
imprisonment for life, if an intentional killing forms the basis of the offence; and (b) is liable to
imprisonment for life, in any other case.
(3) The definitions in this subsection apply in this section. "crime against humanity" « crime contre
l'humanité »
"crime against humanity" means murder, extermination, enslavement, deportation, imprisonment, torture,
sexual violence, persecution or any other inhumane act or omission that is committed against any civilian
population or any identifiable group and that, at the time and in the place of its commission, constitutes a
crime against humanity according to customary international law or conventional international law or by
virtue of its being criminal according to the general principles of law recognized by the community of
nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its
commission.
 have committed a crime against humanity outside the country may be prosecuted
for that offense if:
(a) at the time the offense is alleged to have been committed,

(i) the person was a Canadian citizen or was employed by Canada in a civilian or military
capacity,

(ii) the person was a citizen of a state that was engaged in an armed conflict against
Canada, or was employed in a civilian or military capacity by such a state,

(iii) the victim of the alleged offence was a Canadian citizen, or

(iv) the victim of the alleged offense was a citizen of a state that was allied with Canada
in an armed conflict; or

(b) after the time the offense is alleged to have been committed, the person is present in
Canada. [S. 8.]865

12. Colombia: Colombia ratified the Rome Statute on June 5, 2002. At the time of the
deposit of the instrument of ratification Colombia made a reservation to the treaty.866
Although Colombia has not adopted any specific law implementing the Rome Statute, the
following provisions of the Criminal Code are applicable to crimes against humanity:

• Genocide: arts. 101-102

• Forced disappearance: arts. 165-167

• Kidnapping: arts. 168-171

• Arbitrary detention: arts. 174-177

• Torture: arts. 178-179

• Forced displacement: arts. 180-181

• Crimes against people and assets protected by international humanitarian law: arts.
135-164

• Crimes of terrorism: arts. 340-348

865
Section.8: A person who is alleged to have committed an offence under section 6 or 7 may be
prosecuted for that offence if (a) at the time the offence is alleged to have been committed, (i) the person
was a Canadian citizen or was employed by Canada in a civilian or military capacity, (ii) the person was a
citizen of a state that was engaged in an armed conflict against Canada, or was employed in a civilian or
military capacity by such a state, (iii) the victim of the alleged offence was a Canadian citizen, or (iv) the
victim of the alleged offence was a citizen of a state that was allied with Canada in an armed conflict; or (b)
after the time the offence is alleged to have been committed, the person is present in Canada.
866
available at http://www.iccnow.org.pdf (last visited July 10, 2014).
13. Congo, Democratic Republic of the [Kinshasa]: The Democratic Republic of the
Congo is not a party to the Rome Statute of the International Criminal Court. The
Criminal Code of the country was approved and became effective on November 30,
2004. It does not include any reference to punishing crimes against humanity. The
Constitution of February 18, 2006, however, reaffirms the country’s support for the
Universal Declaration of Human Rights and other international documents to which it
has adhered. Article 16 of the Constitution states, “[t]he human person is sacred and
the state has the obligation to respect and protect it.”867

14. Congo, Republic of the [Brazzaville]: The Republic of Congo (Brazzaville) has
adopted Law No. 8-98 of October 31, 1998, on Defining and Repressing Genocide,
War Crimes, and Crimes against Humanity. The following is a brief translation of a
part of the text:
Chapter 1. On Genocide

Article 1. The act of committing or executing a plan for the destruction of national,
ethnic or racial, or religious groups or any other group consists of one of the following
acts:

• killing all members of the group;

• attacking the physical or mental integrity of the members of the group;

• intentional suppression of the group; and

• forced transfer of the children of the group.

Article 2. Genocide is punishable by death.

Chapter 2. War Crimes

Crimes in violation of the Geneva Convention of August 12, 1949, are punishable by life
imprisonment or death.

Chapter 3. Crimes Against Humanity

Article 6. Crimes against humanity are punishable by death and consist of a systematic
and generalized attack against a civilian population resulting in:

• murder;

• extermination;

867
Constitution, Journal Officiel de la République Démocratique du Congo, Feb. 18, 2006, available at
http://www.leganet.cd/ Legislation/JO/2006/JO.18.02.2006.pdf.
• enslavement of the population.

• deportation or forced transfer of the population;

• imprisonment or other forms of forced deprivation of liberty;

• torture; or

• rape, sexual slavery, or prostitution.

15. Costa Rica: Costa Rica promulgated Law No. 8272 in 2002, amending Article 7 and
adding Article 378868 and 379869 to the Penal Code. Article 379 addresses crimes
against humanity. Article 378 addresses war crimes. The amended Article 7 states:
Whatever provisions are applicable in the place where the punishable action occurred and
regardless of the nationality of the person responsible, any person who commits … acts
of genocide, … or commits any other punishable acts contrary to human rights and
International Humanitarian Law under any treaties signed by Costa Rica or under this
Code shall be liable for punishment in accordance with the Laws of Costa Rica.870

16. Croatia: The Criminal Code of Croatia entered into force on Jan. 1, 1998, amended
as of July. 15, 2003. Article 157A of the Code prosecutes crimes against
humanity871. The Code subjects to liability all individuals who committed a crime in

868
“Article 378. War Crimes : A sentence of between ten and twenty-five years’ imprisonment shall be
imposed on any person who, in any situation of armed conflict, commits or gives orders for the
commission of any acts which can be described as serious violations or war crimes under any international
treaty to which Costa Rica is a party concerning the conduct of hostilities, the protection of wounded, sick
and shipwrecked persons, the treatment of prisoners of war, the protection of civilians and the protection
of cultural assets in situations of armed conflict, or under any other instrument of International
Humanitarian Law.
869
Article 379. Crimes against Humanity: A sentence of between ten and twenty-five years’
imprisonment shall be imposed on any person who commits or gives orders for the commission, as part of
a widespread or systematic attack against a civilian population and with knowledge of the attack, of any
acts which can be described as crimes against humanity under any international treaty to which Costa Rica
is a party concerning the protection of human rights, or under the Rome Statute.”
870
Ibid.
871
Article 157a: Crimes Against Humanity: Whoever violates the rules of international law within an
extensive or systematic attack against the civilian population and, with knowledge of such an attack, orders
the killing of another person, orders the infliction of conditions of life so as to bring about the physical
destruction in whole or in part of some civilian population which could lead to its complete extermination,
orders trafficking in human beings, in particular of women and children, or the enslavement of a person in
any other way so that some or all of the powers originating in property rights are exercised over such
person, orders the forceful displacement of persons from areas where they lawfully reside and through
expulsion or other measures of coercion, orders that a person deprived of liberty or under supervision be
tortured by intentionally inflicting severe bodily or mental harm or suffering, orders that a person be raped
or subjected to some other violent sexual act or that a woman who has been impregnated as a result of such
violent act be intentionally kept in detention so as to change the ethnic composition of some population,
orders the persecution of a person by depriving him or her of the fundamental rights because this person
belongs to a particular group or community, orders the arrest, detention or kidnapping of some persons in
the name of and with the permission, support or approval of a state or political organization and
 the country’s territory, and subjects its own nationals and residents to liability for
crimes committed outside the country, if their act is considered a crime under the
laws of Croatia or the country where the crime was committed. The Code provides
for additional jurisdiction over crimes committed by anyone outside of the country
against Croatia’s state interests or for cases provided for in international agreements,
irrespective of the laws of the state where the crime was committed (art. 14).872
17. Denmark: Denmark adopted the Act on the International Criminal Court on May
16,873 and, as a 2006 Human Rights Watch report points out, Denmark prosecutes the
domestic law equivalents of international crimes. As to jurisdiction, Human Rights
Watch states:
Section 8 (5) of the Danish Penal Code … provides for universal jurisdiction over crimes
that Denmark has an obligation to prosecute under an international convention. This
includes torture under the Convention against Torture … and grave breaches of the
Geneva Conventions. … In addition, section 8 (6) provides Danish courts with universal
jurisdiction over any crime with a sentence of more than one year’s imprisonment, where
the crime is also a crime in the territorial state and the suspect cannot be extradited to the
territorial state. … Due to a lack of implementing legislation, all complaints are

subsequently does not admit that these persons have been deprived of their liberty or withholds information
about the fate of such persons or the place where they are kept, or orders within an institutionalized regime
of systematic oppression and domination of one racial group over another racial group or groups that an
inhumane act described in this Article be committed or an act similar to any of these offenses so as to
maintain such a regime (the crime of apartheid), or whoever commits any of the foregoing offenses shall be
punished by imprisonment for not less than five years or by a life sentence.
872
Article 14: Applicability of Criminal Legislation to Criminal Offenses Committed Outside the Territory
of the Republic of Croatia:
(1) The criminal legislation of the Republic of Croatia shall apply to anyone who, outside its territory,
commits:
any criminal offense against the Republic of Croatia provided for in Chapter (xii) of this Code;– (a)the
criminal offense of counterfeiting money and securities of the Republic of Croatia as defined in Articles
274 and 275 of this Code; (b)a criminal offense against a Croatian state official or a civil servant relating to
his office.
(2) The criminal legislation of the Republic of Croatia shall be applied to a Croatian citizen who, outside
the territory of the Republic of Croatia, commits a criminal offense other than those specified in paragraph
1 of this Article.
(3) The criminal legislation of the Republic of Croatia shall be applied to an alien who, outside the territory
of the Republic of Croatia, commits a criminal offense against the Republic of Croatia or its citizen which
is not specified in paragraph 1 of this Article.
(4) The criminal legislation of the Republic of Croatia shall be applied to an alien who, outside the territory
of the Republic of Croatia, commits against a foreign state or another alien a criminal offense for which,
under the law in force in the place of crime, a punishment of five years of imprisonment or a more severe
penalty may be applied or who commits a criminal offense from Chapter (xiii) of this Code.
(5) In the cases referred to in paragraphs 2 and 3 of this Article, the criminal legislation of the Republic of
Croatia shall be applied only if the perpetrator of the criminal offense is found within the territory of the
Republic of Croatia, or has been extradited to it, and in the case referred to in paragraph 4 of this Article,
only if the perpetrator is found within the territory of the Republic of Croatia and is not extradited to
another state.
873
available at http://www.adh-geneva, on-the-ICC.pdf (in English translation) (last visited July 10, 2014).
investigated, prosecuted and eventually punished on the basis of crimes as defined in the
Danish Penal Code.

The Danish Justice Ministry reportedly prepared a White Paper in 2007 on Danish
criminal jurisdiction that “included recommendations that would make it easier for
Danish courts to prosecute crimes committed abroad, especially international crimes.”874
It is not readily apparent whether any action has been taken on these recommendations,
however.

Denmark also has a statute on genocide, Danish Law No. 132 of 29 of April 1955 (Law
Concerning Punishment of Genocide, 875 Note that the Law Library does not have a
specialist with Danish language skills on staff.

18. Ecuador: Ecuador ratified the Statute of Rome (SR) on January 17, 2002. The
Political Constitution includes provisions against torture, forced disappearance, and
cruel treatment (art. 66.3.c)876. It also provides that genocide, crimes against
humanity, war crimes, and forced disappearance will not be subject to any statute of
limitations (art. 80)877.
A recent Law amending the Criminal Code was adopted on April 27, 2009, to include the
crime of genocide, incorporating the provisions of Article 6 of the Rome Statute, and
establishing criminal sanctions of from six to twenty-five years of imprisonment for those
crimes.

19. Estonia: An English translation of the Criminal Code of Estonia entered into force on
Sept. 1, 2003, amended as of March 15, 2007. It provides for the prosecution of
crimes against humanity and war crimes, placing relevant provisions in specific
sections of the Code (Chapter 8. Div. 2, arts. 89, 90)878. The Code subjects to

874
Denmark, RULAC database, http://www.adh-geneva.ch, (last visited July 10, 2014).
875
available at http://www.prevent genocide.org/dk/folkedrab1955.htm (in Danish and in English
translation) (last visited July 11, 2014).
876
Article 66. The following rights of persons are recognized and guaranteed: 3. The right to personal well-
being, which includes: c) Prohibition of torture, forced disappearance and cruel, inhuman or degrading
treatments and punishments.
877
Article 80: Proceedings and punishment for the crimes of genocide, crimes to humanity, war crimes,
forced disappearance of persons or crimes of aggression to a State shall not be subject to statutes of
limitations. None of the above-mentioned cases shall be liable to benefit from amnesty. The fact that one of
these crimes might have been perpetrated by a subordinate shall not exempt the superior who ordered said
crime or the subordinate who carried out the order from criminal liability.
878
Chapter 8: Offences Against Humanity and International Security, Division 2: Offences Against
Humanity
S. 89. Crimes against humanity: Systematic or large-scale deprivation or restriction of human rights and
freedoms, instigated or directed by a state, organisation or group, or killing, torture, rape, causing health
damage, forced displacement, expulsion, subjection to prostitution, unfounded deprivation of liberty, or
other abuse of civilians, is punishable by 8 to 20 years’ imprisonment or life imprisonment.
S.90. Genocide: A person who, with the intention to destroy, in whole or in part, a national, ethnical, racial
or religious group, a group resisting occupation or any other social group, kills or tortures members of the
 liability all individuals who commit a crime in the country’s territory, and subjects its
own nationals and residents to liability for crimes committed outside the country, if
their act is considered a crime under the laws of Estonia or of the country where the
crime was committed (art. 6)879.

20. European Union: At the European Union level, the following items of legislation
deal with crimes against humanity:
1. Council Framework Decision 2008/913/JHA of 28 November 2008 on Combating
Certain Forms and Expressions of Racism and Xenophobia by Means of Criminal
Law. The Decision requires Member States to adopt legislation by November
2010 to punish intentional conduct that publicly condones, denies, or grossly
trivializes crimes of genocide, crimes against humanity, and war crimes as
defined in Articles 6, 7, and 8 of the Statute of the International Criminal Court
directed against a group of persons defined by race, color, religion, or descent and
carried out in a manner likely to incite hatred against such a group. (Art. 1(c).
2. Council Decision 2003/335/JHA of 8 May 2003 on the Investigation and
Prosecution of Crimes of Genocide, Crimes Against Humanity and War Crimes.
Member States are required to take measures to ensure that their enforcement
authorities are informed about facts that indicate that an applicant for a residence
permit has committed genocide, crimes against humanity, or war crimes, as
defined by the Rome Statute; and also to ensure that Member States assist each
other in the investigation and prosecution of such crimes.
Council Decision 2002/494/JHA of 13 June 2002 Setting Up a European Network of
Contact Points in Respect of Persons Responsible for Genocide, Crimes Against
Humanity and War Crimes. The Decision requires that Member States establish contact
points within their territories for the exchange of information concerning the
investigation of genocide, crimes against humanity, and war crimes and also inform the
General Secretariat of the Council of the EU regarding the designated bodies.

21. Finland: The Finnish Criminal Code, amended to include Law 212/2008, of May 1,
2008. Chapter 11 covers war crimes and crimes against humanity;880 other

group, causes health damage to members of the group, imposes coercive measures preventing childbirth
within the group or forcibly transfers children of the group, or subjects members of such group to living
conditions which have caused danger for the total or partial physical destruction of the group, shall be
punished by 10 to 20 years’ imprisonment or life imprisonment.
879
Article 6. Territorial applicability of penal law: (1) The penal law of Estonia applies to acts
committed within the territory of Estonia. (2) The penal law of Estonia applies to acts committed on board
of or against ships or aircraft registered in Estonia, regardless of the location of the ship or aircraft at the
time of commission of the offence or the penal law of the country where the offence is committed.
880
Chapter 11 – War crimes and crimes against humanity (212/2008)
Section 3 - Crime against humanity: A person who, as part of a broad or systematic assault on civilian
population,
 subsections were also amended in 2008. Under section 7 of Chapter 1 of the Finnish
Code, Finnish law applies to international crimes if they are acts that contravene
agreements to which Finland is a party881. Section 8 of the Code deals with offence
committed outside of Finland. 882
22. France: In France, crimes against humanity are governed by Book II, Title I, of the
Penal Code, entitled “Crimes against Humanity and the Human Species.” The
original provisions were enacted in December 1964; they were last amended by Law
2004-800 of August 6, 2004. Subtitle I specifically addresses crimes against
humanity: genocide (art. 211-1)883; other crimes against humanity, including

(1) kills or enslaves another, subjects him or her to trade by offer, purchase, sale or rent, or tortures him or
her, or in another manner causes him or her considerable suffering or a serious injury or seriously harms his
or her health or destroys a population by subjecting it or a part thereof to destructive living condition or in
another manner,
(2) deports or forcibly transfers population lawfully residing in an area,
(3) takes a person as a prisoner or otherwise deprives him or her of his or her liberty in violation of
fundamental provisions of international law or causes the involuntary disappearance of a person who has
been deprived of his or her liberty,
(4) rapes another, subjects him or her to sexual slavery, forces him or her into prostitution, pregnancy or
sterilization or commits other corresponding aggravated sexual violence against him or her,
(5) engages in racial discrimination or persecutes a recognizable group or community on the basis of
political opinion, race, nationality, ethnic origin, culture, religion or gender or on other comparable
grounds,
shall be sentenced for a crime against humanity to imprisonment for at least one year or for life.
An attempt is punishable.
Section 4 – Aggravated crime against humanity
If in a crime against humanity
(1) the offence is directed against a large group of persons,
(2) the offence is committed in an especially brutal, cruel or degrading manner or
(3) the offence is committed in an especially planned or systematic manner,
and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for an
aggravated crime against humanity to imprisonment for at least eight years or for life.
(2) An attempt is punishable.
881
Section 7 - International offence
(1) Finnish law applies to an offence committed outside of Finland where the punishability of the act,
regardless of the law of the place of commission, is based on an international agreement binding on Finland
or on another statute or regulation internationally binding on Finland (international offence). Further
provisions on the application of this section shall be issued by Decree.
(2) Regardless of the law of the place of commission, Finnish law applies also to a nuclear explosive
offence or the preparation of an endangerment offence that is to be deemed an offence referred to in the
Comprehensive Nuclear Test Ban Treaty (Treaties of Finland 15/2001) (841/2003)
(3) Regardless of the law of the place of commission, Finnish law applies also to trafficking in persons,
aggravated trafficking in persons and an offence referred to in chapter 34a committed outside of Finland.
(650/2004).
882
Section 8 - Other offence committed outside of Finland
Finnish law applies to an offence committed outside of Finland which, under Finnish law, may be
punishable by imprisonment for more than six months, if the State in whose territory the offence was
committed has requested that
charges be brought in a Finnish court or that the offender be extradited because of the offence, but the
extradition request has not been granted.
883
ARTICLE 211-1: Genocide occurs where, in the enforcement of a concerted plan aimed at the partial or
total destruction of a national, ethnic, racial or religious group, or of a group determined by any other
 deportation, enslavement, systematic practice of summary executions, and other
additional offenses (arts. 212-1 to 212-3)884; and common provisions (arts. 213-1 to
213-5)885. Crimes against humanity are punishable by life imprisonment. They are
not subject to any statute of limitations. French law also recognizes the criminal
liability of legal entities in a large number of offenses including crimes against
humanity. France extends the reach of French criminal law to offenses committed
outside its territory by French or foreign national when the victim is a French national
(Penal Code, art. 113-7)886.
23. Georgia: The Criminal Code of Georgia adopted on February 15, 2000. It provides
for the prosecution of crimes against humanity and war crimes, placing relevant

arbitrary criterion, one of the following actions are committed or caused to be committed against members
of that group: a. wilful attack on life; b. serious attack on psychological or physical integrity; c. subjection
to living conditions likely to entail the partial or total destruction of that group; d. measures aimed at
preventing births; e. enforced child transfers. Genocide is punished by criminal imprisonment for life.
884
ARTICLE 212-1: Deportation, enslavement or the massive and systematic practice of summary
executions, abduction of persons followed by their disappearance, of torture or inhuman acts, inspired by
political, philosophical, racial or religious motives, and organised in pursuit of a concerted plan against a
section of a civil population are punished by criminal imprisonment for life.
ARTICLE 212-2: Where they are committed during war time in execution of a concerted plan against
persons fighting the ideological system in the name of which are perpetrated crimes against humanity, the
actions referred to under article 212-1 are punished by criminal imprisonment for life.
ARTICLE 212-3: Participation in a group formed or in an agreement established with a view to the
preparation, as demonstrated by one or more material actions, of any of the felonies defined by articles 211-
1, 212-1 and 212-2 is punished by criminal imprisonment for life.
885
ARTICLE 213-1: Natural persons convicted of the offences set out under the present Subtitle also incur
the following penalties:
1. forfeiture of civic, civil and family rights, pursuant to the conditions set out under article 131-26;
2. prohibition to hold public office, pursuant to the conditions set out under article 131 -27;
3. area banishment, pursuant to the conditions set out under Article 131-31;
4. confiscation of any or all of their assets.
ARTICLE 213-2 (Act no. 1993-1027 of 24 August 1993 Article 33 Official Journal of 29 August 1993)
(Act no. 1998-349 of 11 May 1998 Article 37 Official Journal of 12 May 1998) (Act no. 2003-1119 of 26
November 2003 Article 78 III Official Journal of 27 November 2003): Any alien convicted of any of the
offences under the present title may be banished from French territory either permanently or for a
maximum period of ten years, pursuant to the conditions set out under article 131-10.
ARTICLE 213-3: Legal persons may incur criminal liability for crimes against humanity pursuant to the
conditions set out under article 121-2. The penalties to be incurred by legal persons are:
1. the penalties enumerated under article 131-39;
2. confiscation of any or all of their assets.
ARTICLE 213-4: The perpetrator or the accomplice to a felony under the present title is not exonerated
from his responsibility on the sole basis that he performed an act prescribed or authorised by statutory or
regulatory provisions, or an act ordered by legitimate authority. A court shall nevertheless take this
circumstance into account when deciding the nature and extent of the sentence.
ARTICLE 213-5: Criminal liability for the felonies set out under the present title is imprescriptable, as are
the sentences imposed.
886
ARTICLE 113-7: French Criminal law is applicable to any felony, as well as to any misdemeanour
punished by imprisonment, committed by a French or foreign national outside the territory of the French
Republic, where the victim is a French national at the time the offence took place.
 provisions in specific sections of the Code (Chapter 47, arts. 404-413)887. The Code
subjects to liability all individuals who commit a crime in the country’s territory (art.

887
CHAPTER XLVII: CRIME AGAINST HUMANITY, PEACE, SECURITY AND
INTERNATIONAL HUMANITARIAN LAW Article 404. Preparations for and Waging of Aggressive
War 1. Planning of or preparing for the war of aggression - shall be punishable by prison sentences ranging
from seven to fifteen years in length. 2. Unleashing or waging of the war of aggression - shall be
punishable by imprisonment extending from ten to twenty years in length or by life imprisonment.
Article 405. Calling for Unleashing Aggressive War 1. Calling the country for unleashing the war of
aggression - shall be punishable by fine or by imprisonment for up to three years in length. 2. The same
action perpetrated via media or by a person holding a state-political office - shall carry legal consequences
of fine or imprisonment ranging from two to five years in length, be deprivation of the right to occupy a
position or pursue a particular activity for the term not in excess of three years.
Article 406. Production, Purchase or Sale Of Weapons of Mass Destruction Production, purchase or sale of
the chemical, biological or other weapons of mass destruction prohibited under the International Treaty of
Georgia - shall carry legal consequences of imprisonment ranging from eight to fifteen years in length.
Article 407. Genocide Genocide, i.e. the action perpetrated to carry out an agreed plan for complete or
partial razing of any national, ethnic, racial, religious or group united by any other mark, that has been
expressed in killing members of such groups, serious health damages, intentionally created hard living
conditions, forcible drop in childbearing or forceful transference of a baby from one ethnic group to another
-shall be punishable by imprisonment extending from ten to twenty years in length or by life imprisonment.
Article 408. Humanity Crime Humanity crime, i.e. any action perpetrated within the frames of large-scale
or systematic attack on civilians or persons and expressed in murders, mass killing, deportation of humans
or any other inhumane action that inflicts serious damage to the physical or mental condition of a human
being - shall be punishable by imprisonment extending from ten to twenty years in length or by life
imprisonment.
Article 409. Ecocide Ecocide, i.e. contamination of atmosphere, land and water resources, mass destruction
of flora and fauna or any other action that could have caused ecological disaster - shall be punishable by
imprisonment extending from eight to twenty years in length. Article 410. Participation of Mercenary into
Armed Conflict or Hostilities 1. Gathering, training, bankrolling or otherwise providing materially of a
mercenary, the use of such person into an armed conflict or any hostilities - shall be punishable by
imprisonment extending from four to eight years in length. 2. The same action perpetrated by using one’s
official position or against a minor - shall be punishable by imprisonment extending from seven to fifteen
years in length. 3. Participation of a mercenary into an armed conflict or any hostilities - shall be
punishable by imprisonment extending from three to seven years in length. Note: Mercenary shall be the
one who is not a citizen of the state embroiled into the armed conflict or hostilities and acts so to receive
material payment, does not permanently reside on the territory of the foregoing state, as well as the one
who is not sent on a mission to carry out his/her official obligations.
Article 411. Deliberate Violation of the Norms of International Humanitarian Law amid Armed Conflict
Deliberate violation of the norms of International Humanitarian Law amid any inter-state or internal armed
conflict, namely; a) Attack on civilian population or civilians; b) indiscriminate attack on civilian
population or civil objects when it is known that doing so will invite casualties in the civilian population or
will inflict damage to civil objects; c) attack on the objects or installations of increased danger when it is
known that doing so will invite casualties in the civilian population or will inflict damage to civil objects;
d) attack on any unprotected area or demilitarized zone; e) attach on a person when it is known that this
person has discontinued participation in the hostilities; f) malicious exploitation of the Red Cross or Red
Crescent or any other protective sign or signal recognized under the International Humanitarian Law; g)
bringing, by an aggressor state, of its civilian population, into the occupied territory or deportation or any
illegal expulsion, within or outside this territory, of the civilian population or civilians of the occupied
state; h) unfounded hindrance to the repatriation of prisoners of war or civilians; I) apartheid or any other
inhumane action based on racial discrimination that is offensive to human dignity; j) attack on any historic
monument, piece of art a cult place as on the part of the cultural heritage of peoples - shall be punishable by
imprisonment extending from ten to fifteen years in length. 2. Deliberate violation of the International
Humanitarian Law amid any international or internal armed conflict, directed against the persons not
participating in the hostilities or not having any means of defence as well as the wounded, ill, medical or
 4)888, and subjects its own nationals and residents to liability for crimes committed
outside the country, if their act is considered a crime under the laws of Georgia or the
country where the crime was committed (art. 5)889.

spiritual personnel, sanitary units, sanitary vehicles, war prisoners, civilians or the foregoing violation,
within the occupied territory or the zone of hostilities, directed against the civilian population, the
persecuted, appertained within the zone of the hostilities, or other persons enjoying protection amid
hostilities, namely: a) premeditated murder; b) torture or any other inhumane treatment, including a
medical experiment: c) deliberately inflicting great suffering or serious trauma that poses a threat to a
person’s physical or mental condition; d) coercion of a war prisoner or any other person enjoying
protection to serve in the enemy’s armed forces; e) depriving a war prisoner or any other person enjoying
protection of the right to a fair trial; f) deportation or any other illegal expulsion or arrest of a person
enjoying protection; g) hostage-taking: h) arbitrary and large-scale distribution or misappropriation of
property not due to any military necessity - shall be punishable by imprisonment extending from fifteen to
twenty years in length or by life imprisonment.
Article 412. Intentional Violation of the Norms of International Humanitarian Law amid Armed Conflict
amid Inter-State and Internal Conflict by Endangering Life or by Mutilation Exposing a person enjoying
protection of the government of the hostile side or the one otherwise deprived of freedom through any
medical procedure which are not necessitated by such person’s health condition and which do not conform
with internationally recognized medical norms irrespective of such person’s consent, namely: a) the action
giving rise to mutilation; b) conducting a medical or scientific experiment; c) removal of the member, part
of the member or tissue from a human body in order to carry out a transplantation operation - shall be
punishable by imprisonment extending from seven to twelve years in length.
Article 413. Violation of Other Norms of International Humanitarian Law The action, which bears no signs
of the offenses, referred to in Article 411-e or 412-e, namely: a) marauding, i.e. seizing the objects of a
killed or wounded person in times of hostilities as well as the property of civilians abandoned in the zone of
hostilities; b) exploitation of civilians for the protection of the army or objects from military operations; c)
application, in the military operation or armed conflict, of the means, material or weapons of mass
destruction banned under international treaties; d) any other war crime which are provided by the
International Criminal Court Statute and which are not punishable under Articles 411-e or 412-e of this
Code - shall be punishable by prison sentences ranging from ten to twenty years in length.
888
Article 4. Applicability of Criminal Law toward Crime Committed on the Territory of Georgia 1. The
one who has perpetrated a crime on the territory of Georgia shall bear criminal liability as hereunder
provided. 2. The crime shall be deemed perpetrated on the territory of Georgia if it began, continued,
terminated or ended on the territory of Georgia. This code shall also be applied to the crimes committed on
the continental shelf of Georgia and in the Special Economic Zone. 3. The one who has perpetrated a crime
on the vessel authorized to use the national flag or identification mark of Georgia or against such vessel,
shall bear criminal liability under this Code unless otherwise prescribed by the International Treaty of
Georgia. 4. If the diplomatic representative of a foreign country as well as the person enjoying diplomatic
immunity has committed a crime on the territory of Georgia, the question of their criminal liability shall be
settled in manner and to the extent permitted by the international law.
889
Article 5. Criminal Liability for Crime Perpetrated Abroad 1. The citizen of Georgia as well as the
person permanently residing in Georgia without having citizenship has committed the action under this
Code which is regarded as crime under the legislation of the state in which it was committed, shall bear
criminal liability under this Code if they have not been convicted in another state. 2. The citizen of Georgia
as well as the person permanently residing in Georgia without having citizenship has committed the action
under this Code which is not regarded as crime under the legislation of the state in which it was committed,
shall bear criminal liability under this Code if it is a grave or especially grave offense in directed against the
interests of Georgia or if the criminal liability for this offense is provided by the International Treaty of
Georgia. 3. The citizen of a foreign state as well as the person not permanently residing in Georgia without
having citizenship who has committed the action under this Code shall bear criminal liability under this
Code if it is a grave or especially grave offense directed against the interests of Georgia or if the criminal
liability for this offense is provided by the International Treaty of Georgia if they have not been convicted
in another state.
24. Germany: The Act to Introduce the Code of Crimes against International Law (of
June 26, 2002) adjusts German criminal law and procedure to the Rome Statute of the
International Criminal Court. Article 1 of the Act is a Code of Crimes against
International Law. This Code contains criminal provisions against genocide (§ 6)890,
crimes against humanity (§ 7)891, and war crimes (§§ 8 – 12). Section 7 of the Code

890
Part 2: Crimes against International Law: Chapter 1: Genocide and crimes against humanity
Section 6: Genocide: (1) Whoever with the intent of destroying as such, in whole or in part, a national,
racial, religious or ethnic group, 1. kills a member of the group, 2. causes serious bodily or mental harm to
a member of the group, especially of the kind referred to in section 226 of the Criminal Code, 3. inflicts on
the group conditions of life calculated to bring about their physical destruction in whole or in part, 4.
imposes measures intended to prevent births within the group, 5. forcibly transfers a child of the group to
another group shall be punished with imprisonment for life. (2) In less serious cases referred to under
subsection (1), numbers 2 to 5, the punishment shall be imprisonment for not less than five years.
891
Section 7: Crimes against humanity: (1) Whoever, as part of a widespread or systematic attack
directed against any civilian population, 1. kills a person, 2. inflicts, with the intent of destroying a
population in whole or in part, conditions of life on that population or on parts thereof, being conditions
calculated to bring about its physical destruction in whole or in part, 3. traffics in persons, particularly in
women or children, or whoever enslaves a person in another way and in doing so arrogates to himself a
right of ownership over that person, 4. deports or forcibly transfers, by expulsion or other coercive acts, a
person lawfully present in an area to another State or another area in contravention of a general rule of
international law, 5. tortures a person in his or her custody or otherwise under his or her control by causing
that person substantial physical or mental harm or suffering where such harm or suffering does not arise
only from sanctions that are compatible with inter- national law, 6. sexually coerces, rapes, forces into
prostitution or deprives a person of his or her reproductive capacity, or confines a woman forcibly made
pregnant with the intent of affecting the ethnic composition of any population, 7. causes a person’s
enforced disappearance, with the intention of removing him or her from the protection of the law for a
prolonged period of time, (a) by abducting that person on behalf of or with the approval of a State or a
political organisation, or by otherwise severely depriving such person of his or her physical liberty,
followed by a failure immediately to give truthful informa- tion, upon inquiry, on that person’s fate and
whereabouts, or (b) by refusing, on behalf of a State or of a political organisation or in contraven- tion of a
legal duty, to give information immediately on the fate and where- abouts of the person deprived of his or
her physical liberty under the circum- stances referred to under letter (a) above, or by giving false
information thereon, 8. causes another person severe physical or mental harm, especially of the kind
referred to in section 226 of the Criminal Code, 9. severely deprives, in contravention of a general rule of
international law, a person of his or her physical liberty, or10. persecutes an identifiable group or
collectivity by depriving such group or collectivity of fundamental human rights, or by substantially
restricting the same, on political, racial, national, ethnic, cultural or religious, gender or other grounds that
are recognised as impermissible under the general rules of international law shall be punished, in the cases
referred to under numbers 1 and 2, with imprisonment for life, in the cases referred to under numbers 3 to
7, with imprisonment for not less than five years, and, in the cases referred to under numbers 8 to 10, with
imprisonment
for not less than three years. (2) In less serious cases under subsection (1), number 2, the punishment shall
be imprisonment for not less than five years, in less serious cases under subsection (1), numbers 3 to 7,
imprisonment for not less than two years, and in less serious cases under subsection (1), numbers 8 and 9,
imprisonment for not less than one year. (3) Where the perpetrator causes the death of a person through an
offence pursuant to subsection (1), numbers 3 to 10, the punishment shall be imprisonment for life or for
not less than ten years in cases under subsection (1), numbers 3 to 7, and imprisonment for not less than
five years in cases under subsection (1), numbers 8 to 10. (4) In less serious cases under subsection (3) the
punishment for an offence pursuant to subsection (1), numbers 3 to 7, shall be imprisonment for not less
than five years, and for an offence pursuant to subsection (1), numbers 8 to 10, imprisonment for not less
than three years (5) Whoever commits a crime pursuant to subsection (1) with the intention of maintaining
an institutionalised regime of systematic oppression and domination by one racial group over any other
shall be punished with imprisonment for not less than five years so far as the offence is not punishable
 contains a detailed definition of crimes against humanity that makes various acts of
violence an element of the crime if committed as part of any widespread or systematic
attack against any civilian population.
The Code also contains jurisdictional provisions for the crimes enacted therein.
According to section 1, Germany has criminal jurisdiction over the offenses described in
the Act irrespective of whether the offense was committed in Germany or anywhere else,
and irrespective of whether an act committed abroad has any relation to Germany. This
principle of jurisdiction, commonly referred to as universal jurisdiction in German legal
doctrines, applies to all the offenses listed in the Act, with the exception of some
supervisory conduct, to the extent that it is a misdemeanor. In any event, universal
jurisdiction applies to crimes against humanity, as defined by the Act.

25. Ireland: The International Criminal Court Act, sets forth the relevant provisions on
crimes against humanity. The Act states that “proceedings for a crime against
humanity committed outside the State may be taken in any place in the State, and the
offence may for all incidental purposes be treated as having been committed in that
place.” The Act also extends jurisdiction to Irish nationals who commit a crime
against humanity outside the state and to all persons who commit crimes against
humanity on board an Irish ship or aircraft.

26. Italy: Italy ratified the Rome Statute of the International Criminal Court by enacting
Law No. 232/1999 of July 12, 1999, which was published in 167 Gazzetta Ufficiale
della Repubblica Italiana [Official Gazette] (July 19, 1999). Based on that Law, the
Statute was “fully introduced into the Italian legal order as of 1 July 2002.” Despite
that fact, however, a number of the Statute’s provisions “are not necessarily self-
executing,” and there have been several unsuccessful attempts to pass additional
implementing legislation. More recently, in May 2009, the Chamber of Deputies had
a bill under consideration for a first reading that was subsequently sent to committee.
For a discussion of crimes against humanity in connection with Italy’s implementation of
the Rome Statute Roscini892 notes, for example:

Crimes against humanity are not defined as such in Italian law. Most crimes contained in
Article 7 of the Rome Statute are partially covered by domestic criminal provisions:
murder by Article 575 of the Penal Code, rape and other forms of sexual violence by
Articles 609bis et seq., enslavement by Articles 600-602 (as amended by Law No. 228 of
11 August 2003), imprisonment or other severe deprivation of physical liberty in
violation of fundamental rules of international law by Articles 605, 606 and 607, forced

more severely pursuant to subsection (1) or subsection. (3). In less serious cases the punishment shall be
imprisonment for not less than three years so far as the offence is not punishable more severely pursuant to
subsection (2) or subsection (4).
892
Marco Roscini, ‘Great Expectations: The Implementation of the Rome Statute in Italy’ , Journal of
International Criminal Justice, Lexis, Law Reviews Library, May 1, 2007, p. 493.
disappearances by Articles 606 and 607. … Although the crime of enslavement as
defined in the new text of Article 600 is broader than the corresponding definition in
Article 7, other definitions in the Code fall short of those included in the Rome Statute.

Although the Italian Penal Code does not include specific offenses defined as crimes
against humanity, the term “crimes against humanity” does appear. In Article 414, on the
incitement to commit crimes against public order, paragraph 4 (which was inserted as an
amendment in 2005) states that if the crimes set forth in the other paragraphs of the
article are crimes of terrorism or crimes against humanity, the punishment is to be
increased by half. Italy also has in place Law No. 962 of October 9, 1967, on the
Prevention and Punishment of the Crime of Genocide.

27. Ivory Coast: The Penal Code of the Ivory Coast was adopted in 1981 as Law No. 81-
640 and was modified by Laws 95-522, of July 6, 1995; 96-764 of October 3, 1996;
97-398 of July 11, 1997; and 98-756 of December 23, 1998. The Penal Code
addresses crimes against humanity in Book II, Title I, as follows:

Chapter I: Genocide

Art. 137 – A person shall be sentenced to death who, with the intent to destroy, in whole
or in part, a national, ethnic, racial or religious group, commits, organizes, or gives orders
to commit any of the following acts in a time of peace or war:

1. killing or inflicting serious bodily injuries or serious harm to the physical or mental
health of members of a group, in any form whatsoever;

2. imposing measures intended to prevent reproduction or the survival of the offspring

of members of a group; or

3. deportation or forcible transfer of a population.

Art. 138 – A person shall be sentenced to death who, in a time of war or occupation and
in violation of human rights laws or international conventions, commits, organizes, or
gives orders to commit any of the following acts against civilians:

1. murder, torture, inhumane treatment or causing serious bodily harm;

2. inflicting conditions of life calculated to bring about physical destruction;

3. deportation or forcible transfer of a population;

4. forced recruitment into the armed forces or other enemy services; or

5. conducting terror, taking hostages or imposing heavy punishments.

28. Japan: There is no law in Japan to punish criminal acts as “crimes against humanity”
per se. Japan ratified the Rome Statute of the International Criminal Court, but
determined that existing criminal laws could cover crimes against humanity in the Rome
Statute. The crimes of rape, murder, injury, arrest and confinement, and abduction will
cover most crimes against humanity.

Japan has jurisdiction over crimes that cover “crimes against humanity” if they are
committed in Japan, including on Japanese vessels and planes, by anyone; if they are
committed by Japanese nationals abroad; and if they are committed by non-nationals
against Japanese nationals abroad.

29. Korea, South: Article 9893 of the Act on the Punishment, Etc. of Crimes Under
the Jurisdiction of the International Criminal Court, Act No. 8719 (Dec. 21,

893
Article 9 (Crimes against humanity): (1) Whoever, as part of a widespread or systematic attack
directed against any civilian population pursuant to or in furtherance of a State or organizational policy to
commit such attack, kills a person shall be punished by death or life imprisonment, or imprisonment for not
less than seven years.
(2) Whoever, as part of a widespread or systematic attack directed against any civilian population pursuant
to or in furtherance of a State or organizational policy to commit such attack, commits any one of the
following acts shall be punished by life imprisonment or imprisonment for not less than five years.
1. The intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine,
calculated to bring about the destruction of part of a population;
2. Enslavement;
3. Deportation or forcible transfer of a person lawfully present in an area to another State or location in
violation of international law;
4. Imprisonment or other severe deprivation of physical liberty in violation of international law;
5. Torture of a person in the custody or under the control of the perpetrator by inflicting upon that person
severe physical or mental pain or suffering;
6. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of
sexual violation of comparable gravity;
7. Persecution against any identifiable group or collectivity by depriving such group or collectivity of
fundamental human rights or by substantially restricting the same, on political, racial, national, ethnic,
cultural, religious, gender, or other grounds that are recognized as impermissible under international law;
8. Enforced disappearance of a person, by any of the following acts with the authorization, support or
acquiescence of, a State or a political organization, with the intent of removing him or her from the
protection of the law for a prolonged period of time.
A. Arresting, detaining, abducting (within this Subparagraph hereinafter referred to as “arrest, etc.”) that
person, followed by a refusal to give information on that person’s arrest, etc., identity, fate, and
whereabouts or by giving false information thereon;
B. Refusing to give information or giving false information referred to in Subparagraph A in violation of a
legal duty.
9. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to
physical or mental health.
(3) Whoever commits any of the crimes under Paragraph (1) or (2) with the intent of maintaining an
institutionalized regime of systematic oppression and domination by one racial group over any other racial
group or groups shall be punished pursuant to Paragraph (1) or (2).
(4) Where the perpetrator causes the death of a person through an offence pursuant to Paragraph (2) or
through an offence pursuant to Paragraph (3) (of committing crimes under Paragraph (2)), the punishment
 2007), contains a provision that punishes crimes against humanity. According to
Article 3894 of the Act, its jurisdiction includes crimes committed:
 In Korea by nationals and non-nationals;
 By nationals while abroad;
 On vessels or aircraft of Korea, at any place;
 Against the country or its nationals outside the country; or
 By foreigners later present in Korea, when the crimes are “genocide etc.”
30. Kyrgyzstan: The Criminal Code of Kyrgyzstan was adopted on September 21,
1998. All individuals who commit a crime in the territory of the Kyrgyz Republic
will be penalized according to this Code (art. 5)895. Citizens and permanent
residents of the Kyrgyz Republic who commit a crime outside of its territory shall
be penalized according to this Code if they were not convicted by a court of a
foreign state (art. 6)896. The relevant Code provisions can be summarized as
follows:
Section 34. Crimes Against Peace and Security of the Nation

Article 373. Genocide: Actions aimed at full or partial elimination of a national,

ethnic, racial, or religious group conducted by murder of a member of this group, causing
health damage, imposing coercive measures preventing childbirth, forcible transfer of

shall be the same as specified in Paragraph (1).

(5) Whoever attempts to commit any of the crimes under Paragraphs (1) or (2) shall be also punished.
894
Article 3 (Scope of application):(1) This Act applies to acts committed in the territories of the Republic
of Korea by a national of the Republic of Korea or a foreigner.
(2) This Act applies to acts committed outside the territories of the Republic of Korea by a national.
(3) This Act applies to acts committed on board vessels or aircrafts of the Republic of Korea located
outside the territories of the Republic of Korea by a foreigner.
(4) This Act applies to acts committed against the Republic of Korea or its nationals outside the territories
of the Republic of Korea by a foreigner.
(5) This Act applies to foreigners who are present in the territories of the Republic of Korea after having
committed the crimes of genocide, etc. outside the territories of the Republic of Korea.
895
Article 5. Application of the Criminal Law to Persons Committing Crimes within the Kyrgyz Republic
(1) Any person committing crime within the Kyrgyz Republic shall be held responsible hereunder.
(2) In case of a crime committed outside of the Kyrgyz Republic, responsibility shall take effect hereunder
if such crime is accomplished or prevented within the Kyrgyz Republic.
(3) Should a crime be committed within the Kyrgyz Republic by a diplomatic representative of a foreign
states or other person outside the competence of the Kyrgyz Republic courts according to current laws and
international agreements, such matter shall be resolved diplomatically based on international law
provisions.
896
Article 6. Application of the Criminal Law to Persons Committing Crimes outside of the Kyrgyz
Republic
(1) The Kyrgyz Republic nationals as well the Kyrgyz Republic stateless residents committing crimes
outside the Kyrgyz Republic shall be held responsible hereunder unless sentenced by foreign state court.
(2) The Kyrgyz Republic nationals committing crimes in another country shall not be extradited to that
country.
(3) Foreign citizens and stateless persons committing crimes outside the Kyrgyz Republic and staying
within its area may be extradited to foreign state to be held responsible or serve sentence in accordance
with international agreement.
children of the group, forcible resettlement of members of the group, or creation of other
conditions aimed at physical elimination of the group shall be punished by imprisonment
for a term of 12 to 20 years or by the death penalty.

Article 374 Ecocide: The mass destruction of flora and fauna, contamination of
atmosphere and water resources, or commission of other acts able to create an
environmental catastrophe shall be punished by imprisonment for a term of 12 to 20
years.

Article 375. Mercenaries

(1) Gathering, training, bankrolling or otherwise providing materially for a mercenary,

or the use of such person in an armed conflict or any hostilities shall be punishable by
imprisonment for a term of 4 to 8 years.

(2) Participation of a mercenary in an armed conflict or any hostilities shall be

punished by imprisonment for a term of 3 to 7 years.

(3) The same action perpetrated by using one’s official position or against a minor
shall be punished by imprisonment for a term of 7 to 15 years, with or without
confiscation of property.

Article 376. Attack on Persons or Institutions under International Protection: Attacking a

representative of a foreign state or international organization that is under international
protection, as well as an attack on offices, residencies, or vehicles of persons under
international protection if this act was committed in order to provoke a war or complicate
international relations shall be punishable by imprisonment for a term of 3 to 8 years.

31. Latvia: The Criminal Code of Latvia adopted on May 18, 2000. It provides for
the prosecution of crimes against humanity and war crimes, placing relevant
provisions in specific sections of the Code (Chapter 9, Sec. 71.2)897. The Code
subjects to liability all individuals who commit a crime in the country’s territory,
and subjects its own nationals and residents to liability for crimes committed
outside the country, if the act is considered a crime under the laws of Latvia or of

897
Section 71.2 Crimes against Humanity: For a person who commits crime against humanity, that is, for
an activity which is performed as a part of vast or systematic offensive to civilians and which has been
expressed as homicide, extermination, enslavement, deportation or forced movement, unlawful deprivation
or limitation of liberty, torture, rape, involvement of a person into sexual slavery, compelling the engaging
in prostitution, forced fertilisation or sterilisation, or sexual violence of similar degree of severity,
apartheid, persecution of any group of people or union on the basis of political, racial, national, ethnical,
cultural, religious or gender affiliation or other reasons which have been recognised as inadmissible in the
international law, in relation to any activity indicated in this Section or genocide, or war crime or other
activity provided for in the international law binding upon the Republic of Latvia, which causes serious
physical or mental suffering, the applicable punishment is life imprisonment or deprivation of liberty for a
term of not less than three and not exceeding twenty years.
 the country where the crime was committed. The Code provides for additional
jurisdiction over crimes committed by anyone outside of the country against this
nation’s state interests, or for cases provided for in international agreements
irrespective of the laws of the state where the crime was committed (§ 4)898.
32. Liechtenstein: Liechtenstein cooperates with the International Criminal Court
under a Federal Act on Cooperation with the ICC, but has not enacted criminal
provisions on crimes against humanity or jurisdictional provisions for such
crimes. While the Liechtenstein Penal Code contains no provisions on crimes
against humanity, it does contain a provision on genocide.
33. Luxembourg: Luxembourg’s Law of January 9, 1985, on the Punishment of
Grave Breaches of the Geneva International Conventions of August 12, 1949
provides:
The following grave offenses that interfere, by action or omission, with the rights of
persons or properties protected by the Conventions signed in Geneva on August 12, 1949,
and approved by the Law of May 23, 1953, constitute crimes of international law:

(1) intentional homicide;

(2) torture or inhuman treatment, including biological experiments;

(3) intentionally causing grave suffering or seriously encroaching upon physical integrity
or health;

(4) forcing a person protected by the Convention Relative to the Treatment of Prisoners
of War or by the Convention relative to the Protection of Civilian Persons in Time of War
to serve in the enemy armed forces;

898
Section 4. Applicability of The Criminal Law Outside the Territory of Latvia
(1) Latvian citizens, non-citizens and foreigners who have a permanent residence permit for the Republic of
Latvia, shall be held liable, in accordance with this Law, in the territory of Latvia for an offence committed
in the territory of another state or outside the territory of any state regardless of whether it has been
recognised as criminal and punishable in the territory of commitment.
(2) Soldiers of the Republic of Latvia who are located outside the territory of Latvia shall be held liable for
criminal offences in accordance with this Law, unless it is provided otherwise in international agreements
binding upon the Republic of Latvia.
(3) Foreigners who do not have permanent residence permits for the Republic of Latvia and who have
committed serious or especially serious crimes in the territory of another state which have been directed
against the Republic of Latvia or against the interests of its inhabitants, shall be held criminally liable in
accordance with this Law irrespective of the laws of the state in which the crime has been committed, if
they have not been held criminally liable or committed to stand trial in accordance with the laws of the state
where the crime was committed.
(4) Foreigners who do not have a permanent residence permit for the Republic of Latvia and who have
committed a criminal offence in the territory of another state, in the cases provided for in international
agreements binding upon the Republic of Latvia, irrespective of the laws of the state in which the offence
has been committed, shall be held liable in accordance with this Law if they have not been held criminally
liable for such offence or committed to stand trial in the territory of another state.
 (5) depriving a person protected by the Convention Relative to the Treatment of
Prisoners of War or by the Convention Relative to the Protection of Civilian Persons in
Time of War of his/her right to be regularly and impartially judged according to the rules
established by these Conventions;

(6) deporting any persons protected by the Convention Relative to the Protection of
Civilian Persons in Time of War;

(7) transferring or detaining any person protected by this Convention, if such transfer or
detention is prohibited by the Convention;

(8) taking hostages; and

(9) destruction or appropriation of properties that are not justified by military necessity
and performed on a large scale.

Offenses listed in (1), (2), and (3) are punishable by life imprisonment. Offenses listed in
(4), (5), (6), (7), and (8) are punishable by imprisonment from fifteen to twenty years, or
life imprisonment if they result in the death of one or several persons, an incurable
illness, a permanent incapacity, the loss of one organ, or a grave mutilation. Offense (9)
is punishable by ten to fifteen years of imprisonment.

Finally, Article 10 of the Law provides that “any person, who has committed, outside the
territory of the Grand Duchy, a violation covered by the present law, can be prosecuted in
the Grand Duchy even if he is not found here.”

34. Mali: The Penal Code of Mali was published in the Journal Officiel De La
Republique du Mali as Law No. 01-079 of August 20, 2001.
Article 29, under the title “Crimes Against Humanity,” states: Crimes against humanity
may be one of the following acts committed by a general and involving a systematic
attack launched against a civilian population:

a) murder;

b) extermination;

c) enslavement;

d) deportation or forced transfer of the population;

e) imprisonment or deprivation of physical liberty by violating the fundamental principles

of international law;

f) torture;
g) rape, sexual slavery, forced prostitution, sterilization, forced pregnancy and all other
forms of similar sexual violence; or

h) any other inhumane act.

Art. 32: All the crimes specified in this title shall be punished by death and are not
subject to prescription.

35. Malta: The relevant provisions in Maltese law on crimes against humanity are
contained in the Criminal Code, Title I, Part II, Genocide, Crimes Against
Humanity and War Crimes, which was added in 2002. The jurisdiction for the
offenses in Title I, Part II is contained in section 54G and allows the prosecution
of offenses in Malta:
(a) against any person subject to military law in terms of articles 178, 179 and 180 of the
Malta Armed Forces Act even if the offense was committed outside Malta; or

(b) against any citizen of Malta or permanent resident in Malta who outside Malta
conspires to commit any offense under this Title even if the offense is to be committed
outside Malta.

36. Mexico: Mexico’s Federal Criminal Code includes a chapter entitled “Delitos Contra
la Humanidad,” which can be roughly translated as Crimes against Humanity. This
chapter comprises two legal provisions: Articles 149 and 149-Bis. Article 149 describes
a crime called “Violation of the Duties of Humanity.” Article 149-Bis describes the
crime of genocide. Articles 149 and 149-Bis do not appear to include statements on the
extent of jurisdiction899. Time constraints prevented a determination of whether other
provisions of the Federal Criminal Code address this issue.

899
Article 149: All who violates the duties of humanity in prisoners and hostages of war, the wounded in
hospitals or blood, will be applied by that fact alone: imprisonment of three to six years, subject to special
cases, military law.
Article 149-Bis: commits the crime of genocide with the intent to destroy, in whole or in part to one or
more national or ethnic, racial or religious nature, perpetrate by any means, crimes against life membership
of those or impose mass sterilization in order to prevent reproduction of the group.
For this offense shall be imposed twenty to forty years in prison and a fine of 15,000 to 20,000 pesos.
If the same purpose out attacks to body or health of members of these communities or trasladaren them to
other groups under sixteen years, making use of physical or moral violence, ultimately carried the penalty
is five to twenty years in prison and a fine of 2000-7000 pesos.
The same penalties prescribed in the preceding paragraph, who intentionally submits the same purpose on
the group conditions of life calculated to bring about its physical destruction in whole or in part shall apply.
If those responsible for these crimes were rulers, public officials or employees and committed in
performance of their duties or by reason of them, in addition to the penalties provided in this article will
apply the penalties prescribed in section 15 of the Accountability Act of Officials and Employees of the
Federation.
 37. Netherlands: The relevant provisions on crimes against humanity are contained
in the Netherlands International Crimes Act 270, Act of 19 June 2003 Containing
Rules Concerning Serious Violations of International Humanitarian Law.
Section 2, under § 1, General Provisions, states that without prejudice to the relevant
provisions of the Criminal Code and the Code of Military Law, the Dutch criminal law
applies to:

(a) anyone who commits any of the crimes defined in this Act outside the Netherlands, if
the suspect is present in the Netherlands;

(b) anyone who commits any of the crimes defined in this Act outside the Netherlands, if
the crime is committed against a Dutch national; or

(c) a Dutch national who commits any of the crimes defined in this Act outside the
Netherlands.

38. New Zealand: The following legislation refers to proceedings involving crimes
against humanity:
• International Crimes and International Criminal Court Act [ICICCA] 2000: This Act
provides that a person may be charged with committing a crime against humanity (within
the definition of Article 7 of the Rome Statute of the International Criminal Court),
whether the offense was committed in New Zealand or elsewhere, and if convicted is
liable to imprisonment in New Zealand. The Attorney-General’s consent is required for
proceedings to be brought under this provision. New Zealand courts have jurisdiction
regardless of the nationality of the accused, whether or not any forming part of the
offense occurred in New Zealand, and whether or not the accused was in New Zealand
“at the time that the act constituting the offence occurred or at the time a decision was
made to charge the person with an offence.” The Act also sets out the procedural
requirements relating to New Zealand’s cooperation with, and provision of assistance to,
the International Criminal Court.

39. Nigeria: Nigeria signed the Rome Statute on June 2000, and ratified it on
September 2001. This, however, is not sufficient to make the Rome Statute
applicable in Nigeria. The Nigerian Constitution requires that all treaties, in order
to have the force of law in Nigeria, have to be enacted by the National Assembly.
There is currently a bill, The Rome Statute Bill, for the implementation of the
Rome Statute in Nigeria, but it has not yet been enacted into law.
40. Norway: Relevant provisions of Norwegian law on crimes against humanity are
contained in Law No. 4 of March 7, 2008, Act Amending the Penal Code 20 May
2005 No. 28, etc. (Aggravating and mitigating circumstances, genocide, national
independence, terrorism, peace, order and security, and public authorities. The
 Chapter 16 provisions appear to apply to any person who commits the acts listed.
According to Human Rights Watch, moreover:
Article 12.4 of the Norwegian General Civil Penal Code (Criminal Code) enables the
prosecution of non-nationals for crimes committed overseas—including international
crimes—provided the criminal acts amount to a crime under Norwegian criminal law.
Article 12.4 provides that Norwegian criminal law shall be applicable to acts committed
abroad by a foreigner when the act either constitutes murder, assault and certain other
crimes under Norwegian law, or “is a felony also punishable according to the law of the
country in which it is committed, and the offender is resident in the realm or is staying
therein”.

41. Peru: Peru ratified the Rome Statute on September 15, 2001, it’s Criminal Code
contains Articles 319-322 on crimes against humanity, Articles 554-566 of the
Code of Criminal Procedure address cooperation with the ICC.900
42. Poland: The Polish Criminal Code, adopted on July 6, 1997. It is applicable to
all crimes committed in the territory of Poland (Criminal Code art. 5)901. Foreign
and stateless individuals are punishable under the Code for crimes committed
outside the country against Poland’s state interests and for cases provided for in
international agreements irrespective of the laws of the state where the crime was
committed (id. art. 110)902. The, relevant portions of the Code can be summarized
as follows:
Chapter XVI: Offenses Against Peace, Humanity and War Offenses

Art. 118, § 1. Any person who, with the intent to destroy, in whole or in part, a national,
ethnic, racial, political or religious group or a group of persons with a definite
philosophical conviction, kills a member of the group or causes serious harm to the health
of a member of the group, shall be punished with imprisonment for a time not shorter
than 12 years, with imprisonment for 20 years, or with imprisonment for life.

§ 2. Any person who, with the intent mentioned in § 1, inflicts on persons belonging to
such a group conditions of life calculated to bring about its biological destruction, or

900
See, Enrique Sanchez Hernani, ‘Congreso De La Republica’, Normas Legales, 21st
February,1998,p.157575, available at (http://www.congreso.gob.pe/ ntley/Imagenes/ Leyes/26926.pdf (last
visited July 11, 2014)).
901
Article 5: The Polish penal law shall be applied to the perpetrator who committed a prohibited act
within the territory of the Republic of Poland, or on a Polish vessel or aircraft, unless an international
agreement to which the Republic of Poland is a party stipulates otherwise.
902
Article 110. § 1. The Polish penal law shall be applied to aliens who have committed abroad an
offence against the interests of the Republic of Poland, a Polish citizen, a Polish legal person or a Polish
organisational unit not having the status of a legal person.
§ 2. The Polish penal law shall be applied to aliens in the case of the commission abroad of an offence
other than listed in § 1, if, under the Polish penal law, such an offence is subject to a penalty exceeding 2
years of deprivation of liberty, and the perpetrator remains within the territory of the Republic of Poland
and where no decision on his extradition has been taken.
imposes measures intended to prevent births within the group, or forcibly transfers
children of the group to another group, shall be punished with imprisonment for a time
not shorter than five years, or with imprisonment for 25 years.

§ 3. Any person who attempts to commit the offense mentioned in §§ 1 or 2, shall be

punished with imprisonment for a time not shorter than three years.

Chapter XVI also provides for the punishment of persons convicted for crimes of
aggression, crimes against humanity and war crimes. Acts covered by the provisions of
this chapter include the use of weapons of mass destruction, the unlawful production,
stockpiling, acquisition, transport or sale of weapons, the use of prohibited means of
warfare, the killing of protected persons, the unlawful destruction of cultural property and
the misuse of recognized emblems, neutral or enemy flags, and military emblems.

43. Portugal: Law No. 31 of July 22, 2004, adapts the Portuguese Penal Law to the
Rome Statute of the International Criminal Court, to criminalize conduct that
constitutes a crime against humanity. Law No. 31 amended, inter alia, Article 5
of Portugal’s Penal Code last amended by Law No. 61/2008 of Oct. 31, which
determines that, except when there is a treaty or international convention to the
contrary, Portuguese law is still applicable to acts practiced outside the national
territory (Penal Code, art. 5(1)903) when they constitute the crimes foreseen in
Articles 159 (slavery); 160 (trafficking in persons); 169 (pimping); 172 (sexual
abuse of dependent minors); 173 (practice of sexual acts with adolescents); and
176 (pornography with minors), as long as the agent can be found in Portugal and
cannot be extradited (Law No. 31, art. 2).
The Penal Code was subsequently amended by Law No. 59 of September 4, 2007, which
included in Article 5 the crimes foreseen in Articles 161 (kidnapping); 171 (sexual abuse
of children); 175 (pimping of minors); 278 (damage against nature); 279 (pollution); and
280 (pollution with imminent danger) of the Penal Code.

903
Article 5: Acts occurred abroad
1- Except when it is contrary to international treaties or conventions, Portuguese penal law is still
applicable to acts committed abroad:
a) When regarded as a crime under the articles 221, 262 to 271, 300, 301, 308 to 321, 325 to 345;
b) When regarded as a crime under the articles 159, 160, 169, 172, 173, 176, 236 to 238, number 1 under
the article 239, and the article 242, provided that the agent is found in Portugal and cannot by extradited;
c) By Portuguese, or by foreigners against Portuguese, whenever:
I) The agents are found in Portugal;
II) When they are also punishable by the law of the place in which they have been perpetrated, except when
in that territory punitive power is not exerted; and
III) When they are considered a crime admitting extradition and this cannot be conceded; or
d) Against Portuguese, by Portuguese usually living in Portugal at the time of its perpetration, if they are
found here;
e) By foreigners, when found in Portugal, whose extradition has been requested, when considered as crimes
admitting extradition and this cannot be conceded.
 44. Slovakia: Slovakia’s Criminal Code adopted in July 2005. Because it is not
available in English translation, a summary of the Code’s relevant provisions
follows:
Articles 4-7 of the Code establish jurisdiction over all crimes committed by anyone in the
territory of the Slovak Republic, outside of the Slovak Republic against its interests, and
for crimes the prosecution of which is required by international treaties signed by the
Slovak Republic if an individual was not convicted for the crime abroad.

Chapter 12 of the Code provides for the prosecution of crimes against peace, humanity,
and war crimes. Article 418904 prosecutes genocide, which is defined as the intentional
elimination of a group of people because of their national, ethnic, racial, or religious
origin. This crime is punishable by imprisonment for a term of twenty to twenty-five
years, or by life in prison if the crime was committed by an official or with other
aggravating circumstances.

This Chapter also includes provisions outlawing terrorism (Criminal Code art. 419905);
the use of torture, which is punished by imprisonment for a term of three to twelve years

904
Section 418: Genocide
(1) Any person who, with the intention to destroy, in whole or in part, any national, ethnic, racial or
religious group,
a) causes grievous bodily harm or death to a member of such group,
b) imposes a measure intended to prevent births within the group,
c) forcibly transfers children of the group to another group, or
d) deliberately inflicts on the group conditions of life calculated to bring about its physical destruction in
whole or in part, shall be liable to a term of imprisonment of fifteen to twenty years.
(2) The offender shall be liable to a term of imprisonment of twenty to twenty-five years or to life
imprisonment if he commits the offence referred to in paragraph in the wartime or during an armed
conflict.
(3) The offender shall be liable to life imprisonment if, through the commission of the offence referred to in
paragraph 1, he causes death to several persons.
905
Section 419:Terrorism and some forms of participation on terrorism
(1)Who a) with an intent to seriously intimidate inhabitants, seriously destabilize or defeat constitutional,
political, economical or social establishment of the state or a structure of an international organisation, or to
coerce a government of the state or an international organisation to act or to omit to act, threats by
commitment or commit an offence endangering the life, health of people, their personal freedom or a
property, or illegally produces, gets, owns, possesses, transports, delivers or in another way usesexplosives,
nuclear, biological or chemical weapons, or performs not permitted research and development of such
weapons or weapons prohibited by law or by an international treaty, b) with the intent to cause death or
serious bodily harm or considerable damage on property or environment possesses radioactive material, or
has or creates nuclear explosive machine or a machine diffusing radioactive material or emanating
radiance, which may due to its radiological features cause death, serious bodily harm or serious damage on
property or environment, or c) with the intent to cause death or serious bodily harm or considerable
damage on property or environment, or to coerce natural person or legal person, international organisation
or state to act or omit to act, uses radioactive material or nuclear explosive system or a system diffusing
radioactive material or emanating radiance which may cause death due to its radiological features, or
serious bodily harm or considerable damage on property or on environment, or uses or damages a nuclear
reactor including reactors installed on floats, vehicles, planes or cosmic objects, used as an energy source
for driving such floats, vehicles, planes or cosmic objects, or for other purposes, or premises or traffic
system used for production, storage, processing or transport of radioactive material in a manner which
(id. art. 420906); and hate crimes (id. arts. 423, 424907). It has a special provision
punishing the commission of those crimes specified in Article 7 of the Rome Statute on

releases or may release radioactive material, or threats by such act in circumstances indicating credibility of
the threat, or d) asks for radioactive material, nuclear explosive system or system diffusing radioactive
material or emanating radiance which may due to its radiological features cause death, serious bodily harm
or considerable damage on property or environment, or a nuclear reactor including reactors installed on
floats, vehicles, planes or cosmic objects used as an energy source for driving such floats, vehicles, planes
or cosmic objects or for other purposes, or premises or traffic system used for production, storage,
processing or transport of radioactive material, with threats in circumstances indicating credibility of the
threats or use of power, shall be imposed an imprisonment sentence for 20 to 25 years or life imprisonment.
(2)The same sanction as in the paragraph 1 shall be imposed to the person who a) collects or provides
financial or other means, personally or through another person, even partially, for the purposes of their use
or allowing their use for commitment of the act listed in paragraph 1, b) provides knowledge of methods or
techniques for production and using of explosives, nuclear, biological or chemical weapons or other
similarly maleficent or dangerous stuffs for the purposes of commitment of the act listed in paragraph 1 or
attempts for such act or participates on such act, c) publicly incites to commit the act listed in paragraph 1
in a manner defending or exonerate commitment of such act in case of its commitment, and herewith
causes a danger of its commitment or participates in it, d) asks another person to commit or participate in
committing the act listed in paragraph 1 or attempts to ask or participate in the attempt, or e) plans to
commit the act listed in the paragraph 1 with the intent to commit or enable its commitment.
(3)The life imprisonment shall be imposed on the offender if s/he commits the act listed in the paragraph 1
a) and gives rise a serious bodily harm to more persons or death of more persons, b) on a protected person,
c) towards armed forces or armed corps, d) as a member of a dangerous grouping, or e) during a crisis
situation.
(4)The life imprisonment shall be imposed to the offender if s/he commits the act listed in the paragraph 2
letter a) and herewith facilitates using the financial or other sources collected or provided by him, for
committing the attempt of the offence listed in the paragraph 1, or s/he personally uses them in such
manner, or commits the act listed in the paragraph 2 letter d) and herewith allows commitment or attempt
of the act listed in the paragraph 1.
906
Section 420: Torture and Other Inhuman or: Cruel Treatment
(1) Any person who, in connection with the exercise of his powers of the public authority official, from his
motion or with his explicit or implicit approval, causes another person physical or mental suffering by ill-
treatment, torture or other inhuman and cruel treatment shall be liable to a term of imprisonment of two to
six years.
(2) The offender shall be liable to a term of imprisonment of three to ten years if he commits the offence
referred to in paragraph 1 a) with at least two more persons, b) acting in a more serious manner, c) against
a protected person, d) by reason of specific motivation, or e) against a person whose personal liberty was
restricted in compliance with the law.
(3) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the
offence referred to in paragraph 1, a) and causes grievous bodily harm or death through its commission, b)
with the intention to prevent or obstruct the exercise of fundamental rights and freedoms by another, or c)
as a member of a dangerous grouping.
(4) The offender shall be liable to a term of imprisonment of twelve to twenty years if he commits the
offence referred to in paragraph 1, a) and causes grievous bodily harm or death to several persons through
its commission, or b) under a crisis situation.
907
Section 423 : Defamation of Nation, Race and Belief
(1) Any person who publicly defames a) any nation, its language, any race or ethnic group, or b) any
individual or a group of persons because of their affiliation to any race, nation, nationality, complexion,
ethnic group, family origin, religion, or because they have no religion, shall be liable to a term of
imprisonment of one to three years.
(2) The offender shall be liable to a term of imprisonment of two to five years if he commits the offence
referred to in paragraph 1 a) with at least two more persons, b) in association with a foreign power or
foreign agent, c) in the capacity of a public official, d) under a crisis situation, or e) by reason of specific
motivation.
the International Criminal Court (id. art. 425908). These crimes are punishable by
imprisonment for a term of twelve to twenty years.

45. Slovenia: Slovenia’s Criminal Code adopted in March 1994, amended as of June
15, 2005. It provides for the prosecution of crimes against humanity and war
crimes, placing relevant provisions in specific sections of the Code (Chapter 35,
arts. 373-374 and Chapter 36 arts. 375)909. A jurisdiction note is not available
but following the continental legal tradition it appears to prosecute all crimes
committed in Slovenia and crimes committed by Slovenian nationals and
residents abroad.

Section 424 : Incitement of National, Racial and Ethnic Hatred

(1) Any person who publicly threatens an individual or a group of persons because of their affiliation to any
race, nation, nationality, complexion, ethnic group, family origin or their religion, if they constitute a
pretext for threatening on the aforementioned grounds, by committing a felony, restricting their rights and
freedoms, or who made such restriction, or who incites to the restriction of rights and freedoms of any
nation, nationality, race or ethnic group, shall be liable to a term of imprisonment of up to three years.
(2) The same sentence as referred to in paragraph 1 shall be imposed on any person who associates or
assembles with others with a view to committing the offence referred to in paragraph 1.
(3) The offender shall be liable to a term of imprisonment of two to six years if he commits the offence
referred to in paragraphs 1 or 2 a) in association with a foreign power or foreign agent, b) in public, c) by
reason of specific motivation, d) in the capacity of a public official, e) in the capacity of a member of an
extremist group, or f) under a crisis situation.
908
Section 425 : Brutality
(1) Any person who commits an act against civilian population that is deemed to be a crime against
humanity under Article 7 of the Rome Statute of the International Criminal Court shall be liable to a term
of imprisonment of twelve to twenty-five or to life imprisonment.
(2) The offender shall be liable to life imprisonment if he commits the offence referred to in paragraph 1,
a) and causes grievous bodily harm or death to several persons or other particularly serious consequence
through its commission, or b) in retaliation .
909
Chpter-35: Article 373: (1) Whoever kidnaps a person and threatens to kill or harm him, or take him
hostage with the intention of forcing a state or an international organisation to perform or omit to perform a
certain act which constitutes an expressed or implied condition for the release of the hostage, shall be
punished by imprisonment of not less than one and not more than fifteen years.
(2) If the offence under the preceding paragraph entails the death of one or more persons, the perpetrator
shall be punished by imprisonment of not less than five and not more than fifteen years.
(3) If the perpetrator, in the committing of the criminal offence under paragraph 1 of this Article,
deliberately takes the lives of one or more persons, he shall be punished by imprisonment of at least fifteen
years.
Piracy:Article 374: (1) Whoever, by force or serious threat of force, or violation of the rules of
international law, takes over command of an aircraft or of a sea vessel shall be sentenced to imprisonment
for not less one and not more than ten years.
(2) The same sentence shall be imposed on the member of the crew of an aircraft or of a sea vessel who
undertakes a mutiny and takes over the command of the aircraft or sea vessel.
(3) If the offence under paragraphs 1 or 2 of this Article entails the death of one or more persons or a
substantial loss of property, the perpetrator shall be punished by imprisonment of not less than five and not
more than fifteen years.
Chapter Thirty-Six: TRANSITIONAL AND FINAL PROVISIONS: Article 375: Pending coming into
force of the criminal law act for juvenile perpetrators, the provisions of Articles 70 to 94, the provisions
which refer to juvenile detention referred to in paragraph 5 of Article 47, in paragraphs 1, 2 and 4 of Article
49, and the provision referred to in paragraph 3 of Article 100 of the Penal Code (Official gazette of the
Republic of Slovenia, No. 63/94, 70/94 – amendment, 23/99, 40/04, 95/04, hereinafter referred to as: of the
Penal Code) shall apply.
 46. South Africa: The applicable law in South Africa concerning crimes against
humanity is the Implementation of the Rome Statute of the International Criminal
Court, Act No. 27 of 2002. South African courts assume jurisdiction over a crime
of genocide, a crime against humanity, or a war crime if:
• The crime was committed in South African territory;

• The suspect is a South African citizen;

• The suspect is a resident of South Africa;

• The suspect, after having committed the alleged crime, is present in South African
territory; or

• The alleged crime was committed against a South African citizen or resident.

47. Spain: Spain ratified the Rome Statute on October 4, 2000. Organic Law 15/2003
amended the Spanish Criminal Code to include a chapter on crimes against
humanity (arts. 607 bis to 616 bis)910.

910
CHAPTER II BIS: On crimes against humanity:
Article 607 bis: 1. Conviction for crimes against humanity shall befall whoever commits the acts foreseen
in the following Section as part of a widespread or systematic attack on the civil population or against part
thereof.
In all cases, committing such acts shall be deemed a crime against humanity when:
1. Due to the victim pertaining to a group or community persecuted for political, racial, national, ethnic,
cultural, religious or another kind of reasons, disability, or other motives universally recognised as
unacceptable under International Law;
2. In the context of an institutionalised regime of systematic oppression and domination of a racial group
over one or more racial groups and with the intention of maintaining such a regime.
2. Those convicted of crimes against humanity shall be punished:
1. With a sentence of imprisonment from fifteen to twenty years if they cause the death of any person. A
punishment higher in one degree shall be imposed if any of the circumstances foreseen in Article 139
concur;
2. With a sentence of imprisonment from twelve to fifteen years if they commit rape, and from four to six
years imprisonment if the act were to consist of any other type of sexual assault;
3. With a sentence of imprisonment from twelve to fifteen years if any of the injuries of Article 149 were to
take place and from eight to twelve years imprisonment if persons are subjected to conditions of existence
that endanger their life or seriously affect their health, or when they are caused any of the injuries foreseen
in Article 150. A sentence of imprisonment from four to eight years shall be applied if they commit any of
the injuries of Article 147;
4. With a sentence of imprisonment from eight to twelve years if they deport or forcibly transport one or
more persons from one State or place to another, by expulsion or other acts of coercion without authorised
reasons;
5. With a sentence of imprisonment from six to eight years if they were to forcibly make pregnant any
woman in order to modify the ethnic composition of the population, without prejudice to the relevant
punishment, as appropriate, for other felonies;
6. With a sentence of imprisonment from twelve to fifteen years when they detain any person and refuse to
recognise that custodial sentence or to report on the situation or whereabouts of the person arrested;
7. With a sentence of imprisonment from eight to twelve years if they were to arrest a person, depriving
him of his liberty, with breach of the international rules on arrest.
The punishment shall be imposed at a lower degree when the arrest lasts less than fifteen days;
8. With the punishment from four to eight years imprisonment if they commit serious torture of persons
they have under their custody or control and of imprisonment from two to six years if less serious. For the
purposes of this Article, torture shall be construed as submitting a person to physical or mental suffering.
The punishment foreseen in this Sub-Section shall be imposed without prejudice to the relevant penalties,
as appropriate, for the violations of other rights of the victim;
9. With a sentence of imprisonment from four to eight years if they commit any of the conducts related to
prostitution defined in Article 187.1, and with that of six to eight years in the cases foreseen in Article
188.1. The punishment shall be imposed from six to eight years on whoever transports persons from one
place to another with the intent to sexually exploit them, using violence, intimidation or deceit, or abusing a
situation of superiority or need or the vulnerability of the victim. When the conduct foreseen in the
preceding Section and in Article 188.1 is committed against minors or the incapacitated, the higher degree
penalties shall be imposed;
10. With a sentence of imprisonment from four to eight years if any person is subjected to slavery or kept in
servitude. The punishment shall be applied without prejudice to the appropriate ones for the specific
violations committed against the rights of persons. Slavery shall be construed as the situation of a person
over whom another exercises, albeit de facto, all and some of the attributes of the right of property, such as
buying, selling, lending or exchanging such person.
CHAPTER III: On crimes against protected persons and assets in the event of armed conflict
Article 608: For the purposes of this Chapter, the following are intended as protected persons:
1. The wounded, the sick or shipwrecked, and the medical or religious personnel protected by the First and
Second Geneva Conventions dated on 12th August 1949, or the First Additional Protocol dated on 8th June
1977;
2. Prisoners of war protected by the Third Geneva Convention dated on 12th August 1949 or the First
Additional Protocol dated on 8th June 1977;
3. The civilian population and individual civilian protected by the Fourth Geneva Convention dated on 12th
August 1949 and by the First Additional Protocol dated on 8th June 1977;
4. Non-combatants and the personnel of the Protecting Power and its Substitute protected by the Geneva
Conventions dated on 12th August 1949 or by the First Additional Protocol dated on 8th June 1977.
5. Parliamentarians and the persons accompanying them, protected by the Second Convention of The
Hague dated on 29th July 1899;
6. The United Nations and associated personnel, protected by the Convention on the Safety of United
Nations and Associated Personnel, dated on 9th December 1994;
7. Any others with that status by virtue of the Second Additional Protocol dated 8th June 1977, or any other
international treaties to which Spain is a party.
Article 609: Whoever, during an armed conflict, physically abuses or seriously endangers the life, health or
integrity of any protected persona, subjects him to torture or inhumane treatment, including biological
experiments, causes him serious suffering or subjects him to any medical act that is not in keeping with his
state of health, nor according to the generally recognised medical standards that the Party responsible
would apply to its own nationals not detained under similar medical circumstances, shall be punished with
a sentence of imprisonment from four to eight years, without prejudice to the punishment that might be
appropriate for the damaging results caused.
Article 610: Whoever, during an armed conflict, uses or orders methods or means of combat that are
prohibited or intended to cause unnecessary suffering or superfluous harm, as well as those conceived to
cause, or that can be reasonably be expected to cause extensive, lasting and serious damage to the natural
environment, compromising the health or survival of the population, or who orders all-out war, shall be
punished with a sentence of imprisonment from ten to fifteen years, without prejudice to the relevant
punishment for the results caused.
Article 611: Whoever perpetrates the following acts during an armed conflict shall be punished with a
sentence of imprisonment from ten to fifteen years, without prejudice to the relevant punishment for the
results caused:
1. Conducts or orders indiscriminate or excessive attacks or makes the civil population the target of attacks,
retaliation or acts or threats of violence, the main purpose of which is to strike fear therein;.
2. Destroys or damages, breaching the rules of International Law applicable to armed conflicts, the non-
military ships or aircraft of an adversary or neutral party, unnecessarily and without allowing time or
without adopting the necessary measures to provide for the safety of persons and conservation of the ship’s
papers;
3. Forces a prisoner of war or a civilian to serve, in any way, in the Armed Forces of the adversary, or
deprives him of his right to a due and impartial process of law;
4. Deports, forcibly transports, takes hostage or unlawfully detains or confines any protected person or uses
him to protect certain military locations, zones or forces from an attack by the adversary;
5. Transports and settles population from the side occupying, directly or indirectly, in the occupied
territory, to reside there permanently;
6. Perpetrates, orders the carrying out or maintains, with regard to any protected person, practices of racial
segregation and other inhumane and degrading practices based on other distinctions of an unfavourable
nature, that amount to an outrage against personal dignity;
7. Prevents or delays, without reason, the release or repatriation of prisoners of war or civilians;
8. Declares the rights and actions by the nationals of the adversary to be abolished, suspended or
inadmissible before a Judge or Court of Law;
9. Attacks the sexual freedom of a protected person by committing acts of rape, sexual slavery, induced or
forced prostitution, forced pregnancy, forced sterilisation or any other kind of sexual assault.
Article 612: Whoever perpetrates the following acts during an armed conflict shall be punished with a
sentence of imprisonment of three to seven years, without prejudice to the relevant punishment for the
results caused:
1. Knowingly violates the protection due to hospitals, installations, materiel, units and means for health
transport, prisoner camps, sanitary and safety zones and locations, neutralised zones, locations for
internment of the civil population, undefended locations and demilitarised zones, made known by the
appropriate and distinctive signs;
2. Acts with violence against the medical or religious staff or those forming medical missions or aid
organisations, or against the personnel authorised to use then signs and distinctive signals, established by
the Geneva Conventions, pursuant to International Law;
3. Severely abuses, deprives or does not ensure the essential food or necessary medical assistance to any
protected person, or subjects him to humiliating or degrading treatment, fails to inform him of his situation
without justified delay, and in a comprehensible manner, imposes collective punishment for individual acts,
or infringes the requisites for accommodation of women and families, or for special of women and children
established in the international treaties to which Spain is a party, and in particular, who recruits or enrols
persons under the age of eighteen or uses them to participate directly in the hostilities;
4. Unduly uses the protective or distinctive signs, emblems or signals established and recognised in the
international treaties to which Spain is a party, especially the distinctive signs of the Red Cross, of the Red
Crescent and the Red Crystal.
5. Unduly or perfidiously uses a flag, uniform, insignia or distinctive emblem of neutral States, of the
United Nations or other States that are not parties to the conflict, or of the adversaries, during attacks or to
cover, favour, protect or hinder military operations, except in the cases specifically foreseen in the
international treaties to which Spain is a party;
6. Unduly or perfidiously uses the flag of parley or surrender to attack the inviolability or unduly retain the
negotiator or any of the persons accompanying him, personnel of the Protecting Power or its Substitute, or
a member of an International Fact Finding Commission;
7. Strips a corpse, the wounded, sick, shipwrecked, prisoner of war or interned civilian of his belongings;
8. Intentionally starves the civilian population as a means of warfare, depriving it of the indispensable
resources for survival, including the act of randomly obstructing aid supplies conducted pursuant to the
Geneva Conventions and its Additional Protocols;
9. Violates a ceasefire, armistice, capitulation or another arrangement made with the adversary;
10. Intentionally attacks any member of the United Nations and associated personnel, or that participating
in a peace or humanitarian aid mission pursuant to the United Nations Charter, as long as they are entitled
to the protection granted to civilians or civil objects, pursuant to International Law on armed conflicts, or
threaten them with such an attack to oblige a natural or legal person to carry out or abstain from carrying
out any act.
Article 613: 1. Whoever perpetrates or orders any of the following actions during an armed conflict shall
be punished with a sentence of imprisonment from four to six years:
a) Attacks or targets cultural property or places of worship that are the cultural or spiritual heritage of
persons as an object of reprisals or acts of hostility, as long as those assets or locations are not in the
immediate vicinity of a military objective and are not used to support the military effort by the adversary
and are duly marked;
b) Makes undue use of the cultural property or places of worship referred to in Sub-Section a) to support
military action;
c) Appropriates on a large scale, robs, sacks or perpetrates acts of vandalism against the cultural property or
places of worship referred to in Sub-Section a);
d) Attacks or makes assets of a civil nature of the adversary a target for reprisals or acts of hostility, when
this does not provide, under the circumstances of the case, a defined military advantage, or when those
assets do not contribute effectively to the military action of the adversary;
e) Attacks, destroys, removes or puts assets that are indispensable for survival of the civilian population out
of service, except if the adversary uses those assets to directly support military action, or exclusively as a
means of subsistence for members of its armed forces;
f) Attacks or makes works or facilities that contain hazardous substances or energy the target of reprisals
when such attacks might cause those substances to be released and thus cause major damage to the civilian
population, except if those works or installations are used to support in a regular, significant and direct way
military operations and those attacks are the only feasible way to end that support;
g) Destroys, damages or seizes, without military need, items that do not belong to him, obliging another to
hand them over or perpetrating any other acts of pillage;
h) Unduly or unnecessarily confiscates moveable personal or real property in the occupied territory or
destroys non- military ships or aircraft and their cargo, of an adversary or neutral party, or captures them in
breach of the applicable international provisions on armed conflicts at sea;
i) Attacks or carries out acts of hostility against installations, material, units, private residences or vehicles
of any member of the personnel stated in Section 10 of Article 612, or threatens to carry out such attacks or
acts of hostility to oblige a natural or legal person to carry out or to abstain from carrying out any act.
2. When the reprisal, act of hostility or undue use targets cultural property or places of worship under
special protection, or those granted protection by virtue of special agreements, or buildings that are cultural
property or places of worship under reinforced protection, or their immediate surroundings, the higher
degree punishment may be handed down.
In the other cases foreseen in the preceding Section of this Article, the higher degree punishment may be
imposed when extensive, major destruction is caused to assets, works or facilities covered by these, or in
cases of extreme severity.
Article 614: Whoever, during an armed conflict, perpetrates or orders any other violations or acts contrary
to the provisions of the international treaties to which Spain is a party and related to how hostilities are
conducted, regulation of the means and methods of combat, protection of the wounded, the sick and
shipwrecked, due treatment of prisoners of war, protection of civilians and protection of cultural property in
the case of armed conflict, shall be punished with a sentence of imprisonment of six months to two years.
Article 614 bis: When any of the conducts set forth in this Chapter form part of a plan or policy or are
committed on a major scale, the upper half of the respective penalties shall be applied.
CHAPTER IV: Common provisions
Article 615: Provocation, conspiracy and solicitation to commit the crimes foreseen in the preceding
Chapters of this Title shall be punished with the penalty lower by one or two degrees to which the actual
crime is subject.
Article 615 bis: 1. The military authority or commanding officer, or whoever acts as such, who does not
take the measures available to him to prevent the forces under his effective command or control committing
any of the crimes included in Chapters II, II bis and III of this Title, shall be punished with the same
penalty as the principals.
2. Should the above conduct take place due to serious negligence, the punishment shall be the lower one by
one or two degrees.
Article 23.4 of the Organic Law on the Judicial Branch, Law 6/1985 of July 1, 1985
establishes the universal jurisdiction of Spanish courts in cases of crimes against
humanity.

48. Sweden: According to an article published in the International Criminal Law

Review911 Swedish courts directly apply international law, so that treaties and
customary international law on humanitarian issues are used to determine whether
a crime against international law has been committed. Under Chapter 22,
Section 6912, of the Swedish Penal Code, this jurisdiction applies to serious

3. The military authority or commanding officer, or whoever acts as such, who does not take the measures
available to him to pursue the crimes included in Chapters II, II bis and III of this Title committed by
persons under his effective command or control shall be punished with the penalty lower by two degrees to
that of the principals.
4. The superior not included in the preceding Sections who, within the scope of his competence, does not
adopt the measures available to him to avoid his subordinates committing any of the crimes included in
Chapters II, II bis and III of this Title shall be punished with the same penalty as the principals.
5. The superior who does not adopt the measures available to him for prosecution of the crimes included in
Chapters II, II bis and III of this Title committed by his subordinates shall be punished with the penalty
lower by two degrees to that of the principals.
6. The civil servant or authority who, without behaving as foreseen in the preceding Sections, and failing in
the duties of his office, ceases to promote prosecution of any of the crimes included in Chapters II, II bis
and III of this Title that come to his notice shall be punished with the penalty of special barring from public
employment and office for a term from two to six years.
Article 616: Should any of the crimes included in the previous Chapters of this Title, except those foreseen
in Article 614 and in Sections 2 and 6 of 615 bis, and in the preceding Title be committed by an authority
or civil servant, in addition to the penalties stated therein, absolute barring for a term of ten to twenty years
shall be imposed on him; if a private individual, the Judges and Courts of Law may order that of special
barring from public employment and office for a term from one to ten years.
Article 616 bis: The terms set forth Article 20.7 of this Code shall not be applicable under any
circumstance whatsoever to whoever obeys orders to commit or participate in the acts included in Chapters
II and II bis of this Title.
911
Mark Klamberg, “International Criminal Law in Swedish Courts: The Principle of Legality in the
Arklöv Case”, 9 Int’l Crim. L. Rev. 395-409 (2009).
912
Section 6: A person guilty of a serious violation of a treaty or agreement with a foreign power or an
infraction of a generally recognised principle or tenet relating to international humanitarian Law concerning
armed conflicts shall be sentenced for crime against international Law to imprisonment for at most four
years. Serious violations
shall be understood to include:
1. use of any weapon prohibited by international law,
2. misuse of the insignia of the United Nations or of insignia referred to in the Act on the Protection of
Certain International Medical Insignia (Law 1953:771), parliamentary flags or other 102 Ds 1999:36
internationally recognised insignia, or the killing or injuring of an opponent by means of some other form
of treacherous behaviour,
3. attacks on civilians or on persons who are injured or disabled,
4. initiating an indiscriminate attack knowing that such attack will cause exceptionally heavy losses or
damage to civilians or to civilian property,
5. initiating an attack against establishments or installations which enjoy special protection under
international law,
6. occasioning severe suffering to persons enjoying special protection under international law; coercing
prisoners of war or civilians to serve in the armed forces of their enemy or depriving civilians of their
liberty in contravention of international law; and
 violations of international law, which includes attacks on civilians. In general, the
Code applies to crimes committed in Sweden and to those outside the country
under a number of circumstances, including when the minimum punishment for
the crime under Swedish law is imprisonment for four years (Penal Code, ch. 2, S.
3 (7)913.
Sweden criminalized genocide in a separate law, the Genocide Act (art. 169 of the
Swedish Statute Book, Act of Mar. 20, 1963), but is now considering replacing it with a
new Swedish Act of International Crimes. There is no separate specific law on crimes
against humanity; the government has argued that such offenses are already part of the
criminal law of the country. Torture is to be punished as a form of assault.

49. Switzerland: Switzerland cooperates with the International Criminal Court under
a Federal Act on Cooperation with the ICC, but has not enacted Swiss criminal
provisions on crimes against humanity or jurisdictional provisions for such
crimes. While the Swiss Penal Code (Strafgesetzbuch, Dec. 21, 1937, as
amended, SR 311.0) contains no provisions on crimes against humanity, it does
contain a provision on genocide that also provides Swiss criminal jurisdiction
over the offense if it was committed abroad and the perpetrator was apprehended
in Switzerland but cannot be extradited.
50. Trinidad and Tobago: The relevant provisions on crimes against humanity in
Trinidad and Tobago law are found in the International Criminal Court Act
2006.914 The Act applies to all persons who commit a crime against humanity
after it came into force, regardless of whether the crimes were committed in
Trinidad and Tobago or elsewhere. The Act does not state that a person must be
present in Trinidad and Tobago before he or she can be accused of a crime against
humanity.

51. United Kingdom: The relevant provisions on crimes against humanity under
United Kingdom law are contained in the International Criminal Court Act 2001.
This section provides that the jurisdiction contained in that Act for the offenses of
genocide, crimes against humanity, and war crimes applies to acts committed in

7. arbitrarily and extensively damaging or appropriating property which enjoys special protection under
international law in cases other than those described in points 1-6 above.
If the crime is gross, imprisonment for at most ten years, or for life shall be imposed. In assessing whether
the crime is gross, special consideration shall be given to whether it comprised a large number of individual
acts or whether a large number of persons were killed or injured, or whether the crime occasioned extensive
loss of property.
If a crime against the international law has been committed by a member of the armed forces, his lawful
superior shall also be sentenced in so far as he was able to foresee the crime but failed to perform his duty
to prevent it. (Law 1994:1721)
913
Section.3 (7) if the least severe punishment prescribed for the crime in Swedish law is imprisonment for
four years or more. (Law 1998:1703)
914
2006 Trin. and Tob. Laws, No. 4, § 10.
 England or Wales and to those outside the UK by a UK national, resident, or
person subject to UK service jurisdiction.
Northern Ireland is also included in the scope of the Act’s jurisdiction by virtue of section
58. Scotland has separate legislation—the International Criminal Court (Scotland) Act
2001. The jurisdiction applies to acts committed in Scotland or outside the UK by a UK
national or resident.

52. Uruguay: Uruguay ratified the Rome Statute on June 27, 2002. Law 18026 of
September 25, 2006 implements the Rome Statute and amends its Criminal Code
accordingly.
Impunity for international crimes and for systematic and widespread violations of
fundamental human rights is a betrayal of our human solidarity with the victims of
conflicts to whom we owe a duty of justice, remembrance, and compensation.

Accountability and victim redress are also fundamental to post-conflict justice, as the re-
establishment of a fair and functioning criminal justice system in the aftermath of
conflicts is the only means to avoid impunity and ensure a lasting peace, which only a
viable criminal justice system can protect and guarantee. To remember and to bring
perpetrators to justice is a duty we also owe to our own humanity and to the prevention of
future violations of international humanitarian and human rights law. 915

As is commonly known, the jurisdiction provided by the 1949 Geneva Conventions is

universal in that those suspected of being responsible for grave breaches come under the
criminal jurisdiction of all states parties, regardless of their nationality. In addition
Article 88 of Protocol I requires that states parties provide mutual assistance with regard
to criminal proceedings brought in respect of grave breaches to the 1949 Geneva
Conventions or to Protocol I, including cooperation In the matter of extradition.

However, these provisions on national jurisdiction over grave breaches have been, at least
until recent years, a dead letter. In situations of armed conflict abroad, a state is generally
reluctant to prosecute its own personnel, especially when it is on the 'winning side'. In
such cases, a state may also be disinclined to prosecute enemy personnel because such
legal actions carry the risk of exposing war crimes committed by the state's own
personnel. As for example, crimes committed in an armed conflict in which a state has
not participated, both political and diplomatic considerations and the frequent difficulty

915
In the classic and profoundly insightful characterization of George Orwell, "Who controls the past,
controls the future. Who controls the present, controls the past." Thus, to record the truth, educate the
public, preserve the memory, and try the accused, it is possible to prevent abuses in the future. Stanley
Cohen, State Crimes of Previous Regimes: Knowledge, Accountability and the Policing of the Past, 20 L.
& SOC. INQUIRY 7 (1995).
of collecting evidence normally induce state authorities to refrain from prosecuting
foreigners.

Although the Geneva Conventions enjoy practically universal adherence and ratification,
the national legislation of a great many States is not in compliance with the above
requirements of IHL. For example, several countries have not incorporated into their
criminal law the provisions necessary for the prosecution and punishment of international
crimes, including grave breaches, and the punishments that apply to them.

Where measures have been taken, the solutions adopted vary from country to country.
Most of the provisions relating to the implementation of IHL, particularly as regards the
prosecution and punishment of the most serious breaches, are dispersed in a number of
implementing texts (penal code, code of military justice, code of military discipline,
special laws…). These provisions are rarely to be found in a single text. The relevant
crimes are sometimes included in general criminal law texts or in military ones or in both.
In some cases, the ordinary courts have exclusive jurisdiction to try the perpetrators of
these crimes (even for members of the military, as is the case for example in South
Africa, Belgium, Canada and in a number of Central European countries, such as Bosnia
and Herzegovina, Estonia, Lithuania, Serbia and Slovenia), whereas in others, it is the
military courts that have jurisdiction (even for civilians, as is the case in Switzerland and
the Democratic Republic of the Congo (DRC)). Other systems have instituted concurrent
jurisdiction, the division of labour following the status of the accused (civilian or
military) or the fact that he was on duty or not.916

Both in the context of International conflicts and-civil wars, political motivations may
often lead states to prefer amnesty to prosecution. As Bishop Desmond Tutu, Head of the
Truth and Reconciliation Commission of South Africa, put it, referring to gross violations
of human rights, political leaders choose 'reconciliation' over 'Justice and ashes'.917
Leaving aside the question of the political advisability of this choice, granting amnesty to
persons responsible for grave breaches of international humanitarian law and mass
violations of human rights raises serious moral and legal objections. Moral because, as
Justice Robert Jackson commented in relation to the trial at Nuremberg, letting major war
criminals live undisturbed to write their 'memoirs' in peace 'would mock the dead and
make cynics of the living' and legal because the validity of such amnesty is doubtful.
Arguably, the prohibition of such crimes and the consequent obligation of states to

916
Analysis of the punishments applicable to international crimes (war crimes, crimes against humanity and
genocide) in domestic law and practice,IRRC, REPORTS AND DOCUMENTS,Volume 90 Number 870
June 2008.
917
See WooUacott, 'Reconciliation, or Justice and Ashes?'. The Guardian, 1-2 February 1997, quoting
Bishop Desmond Tutu In relation to the choice faced by law-makers in South Africa after Apartheid. In
this regard, lor many countries facing such a 'choice', an International criminal court may be the only
feasible of ensuring that Justice is done, to the extent that amnesty ^nnW national criminal Jurisdiction has
no rfffc* on Individual criminal responsibility In the eyes of international humanitarian law.
prosecute and punish their authors should be considered a peremptory norm of
international law. Hence, states should not be allowed to enter into international
agreements or pass national legislation foregoing punishment of those crimes.
Furthermore, the Human Rights Committee has held that amnesties are generally
incompatible with the duty of States to investigate such acts; to guarantee freedom from
such acts within their Jurisdiction; and to ensure that they do not occur In the future.
States may not deprive individuals of the right to an effective remedy including
compensation and such full rehabilitation as may be possible. 918

Until very recently, the few trials that had been held within national criminal jurisdictions
in respect of violations of norms of international humanitarian law related to crimes
committed during the Second World War. The trials in France of Barbie, Touvier and
Papon for crimes against humanity are prominent examples.

However, following the establishment of the International Criminal Tribunal for the
Former Yugoslavia, and plausibly as a result of the incentive created by that Initiative,
national courts in Denmark, Germany, Austria and Switzerland, among others, have
begun to try and prosecute persons accused of committing atrocities in the former
Yugoslavia. In 1994, for example, Danish courts exercised universal Jurisdiction to try
and convict Refik Saric, a Bosnian refugee in Denmark, for atrocities committed in
Dretej camp, Bosnia-Herzegovina.919

918
United Nations Human Rights Committee General Comment No. 20 In relation to Article 7 of the
International Covenant on Civil and Political Rights.
919
Antonio Cassese, “On the Current Trends towards Criminal Prosecution and Punishment of Breaches of
International Humanitarian Law”, European Journal of International law 9 (1998).