The Law Library of Congress, Global Legal Research Center 

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Crimes Against Humanity 

Statutes and Criminal 

Code Provisions in 

Selected Countries

April 2010
This report is provided for reference purposes only. 

It does not constitute legal advice and does not represent the official 

opinion of the United States Government. The information provided 

reflects research undertaken as of the date of writing. 

It has not been updated.
LAW LIBRARY OF CONGRESS 

MULTINATIONAL REPORT 

CRIMES AGAINST HUMANITY STATUTES AND CRIMINAL CODE PROVISIONS 

Argentina

Argentina ratified the Rome Statute of the International Criminal Court (Rome Statute) on 

November 2000.1

 The implementing legislation was adopted by Law 26200 of December 13, 

2006. (BOLETIN OFICIAL [B.O.] Jan. 9, 2007, available at http://www.infoleg.gov.ar 

/infolegInternet/anexos/120000-124999/123921/ norma.htm.) 

Law 26200 adopts into domestic legislation the crimes that fall under the jurisdiction of the 

International Criminal Court (ICC) through the application of renvoi to 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. 

Armenia

An English translation of the Criminal Code for Armenia (adopted on April 18, 2003) can be 

found at http://www.legislationline.org/documents/section/criminal-codes (last visited Apr. 28, 

2010). It provides for the prosecution of crimes against humanity and war crimes, placing 

relevant provisions in specific sections of the Code (Chapter 34, arts. 384-397). 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 Armenia or the country where the crime is 

committed (art. 15). 

Australia

There are two federal statutes in Australia that refer to proceedings involving crimes against 

humanity: 

• Criminal Code Act 1995 (Cth), available at http://www.comlaw.gov.au/ComLaw/

Legislation/ActCompilation1.nsf/0/5423704BFDAC4386CA2576EA00129CE7/$file/Cri

minalCode1995_WD02.pdf. The relevant provisions in this legislation were inserted by 

the International Criminal Court (Consequential Amendments) Act 2002, available at

1 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 

Apr. 30, 2010).
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -2

http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/640800730D340

CE5CA256F7100563577/$file/0422002.pdf. 

• International Criminal Court Act 2002 (Cth), available at http://www.comlaw.

gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/FA56268B62FE5347CA256F710056

3077/$file/0412002.pdf. 

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 (Criminal Code Act 1995 § 268.1; see also International 

Criminal Court Act 2002, § 3(2).). The relevant offenses are set out in §§ 268.8 to 268.23 of 

the Code. Jurisdiction is available whether or not the offense was committed in Australia (Id. 

§§ 268.117(1) & 15.4). The Attorney-General must give permission for charges to be brought 

under these provisions (Id. §§ 16.1 & 268.121). There can be no double jeopardy where a 

person has already been tried for the same offense in the International Criminal Court (Id. § 

268.118). 

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.

Austria

Austria cooperates with the International Criminal Court under a Federal Act on Cooperation 

with the ICC (Bundesgesetz über die Zusammenarbeit mit dem Internationalen 

Strafgerichtshof, BUNDESGESETZBLATT [BGBL.] no. 135/2002, translation of §§ 1-8 available 

at http://www.icrc.org/IHL-NAT.NSF/0/1AB5EA49F1F8B771C1256AFD00 5AB20B), but 

has not enacted Austrian criminal provisions on crimes against humanity or jurisdictional 

provisions for such crimes. While the Austrian Penal Code (Strafgesetzbuch, Jan. 24, 1974, 

BGBl no. 60/1974, as amended) contains no provisions on crimes against humanity, it does 

contain a provision on genocide (Id. § 321). 

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 Austria (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_19940713_OGH0002_0150OS

00099_9400000_003.html) on the basis of section 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 6 

of the United Nations Genocide Convention, which requires the member states to exercise 

such jurisdiction (Convention on the Prevention and Punishment of the Crime of Genocide, 

G.A. Res. 260 (III) A (Dec. 9, 1948,), available at http://www.preventgenocide.org/ 

law/convention/text.htm). 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -3

Azerbaijan

An English translation of the Criminal Code for Azerbaijan (adopted Sept. 30, 1999) can be 

found at http://www.legislationline.org/documents/section/criminal-codes (last visited Apr. 28, 

2010). 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). The Code 

subjects to liability all individuals who commit a crime in the country’s territory (art. 11.1), 

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). 

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 

(Service Public Fédéral, Code Pénal, http://www.ejustice.just.fgov.be/loi/loi.htm (scroll down 

to Code Penal, then Recherche, then Liste, choose No. 2 and click on Détail, and scroll to 

TITRE Ibis)). 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. (Id.) 

Bosnia-Herzegovina

An English translation of the Criminal Code for Bosnia-Herzegovina (entered into force on 

Mar. 1, 2003) can be found at http://www.legislationline.org/documents/section/criminalcodes (last visited Apr. 28, 2010). It provides for the prosecution of crimes against humanity 

and war crimes, placing relevant provisions in specific sections of the Code (Chapter 17, arts. 

171-172). 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 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -4

interests or for cases provided for in international agreements irrespective of the laws of the 

state where the crime was committed (art. 12). 

Brazil

On September 25, 2002, the Brazilian government issued Decree No. 4,388 (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), 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. 

Bulgaria

An English translation of the Criminal Code of the Republic of Bulgaria (adopted in April 

1968, amended as of May 2005) can be found at 

http://www.legislationline.org/documents/section/criminal-codes (last visited Apr. 28, 2010). 

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). 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). 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.” 

(Id.) 

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, unofficial English translation 

available at http://www.adh-geneva.ch/RULAC/pdf_state/ECCC-Law-as-amended-27-Oct2004-Eng.pdf.) 

Other statutes that deal with crimes against humanity were not located. Note that the Law 

Library does not have a specialist with Khmer language skills on staff. 

Canada

The Crimes Against Humanity and War Crimes Act, 2000 S.C. ch. 24, http://laws-
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -5

lois.justice.gc.ca/eng/C-45.9/index.html (last visited Apr. 27, 2010), applies to all crimes 

against humanity committed within Canada. (Id. § 4.) For wrongs committed outside the 

country, the Act provides that: 

A person who is alleged to 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. 

[Id. § 8.]

Colombia

Colombia ratified the Rome Statute on June 5, 2002 (DIARIO OFICIAL DE COLOMBIA, June 7, 

2002). At the time of the deposit of the instrument of ratification (available at

http://www.secretaria senado.gov.co/senado/basedoc/ley/2002/ley_0742_2002.html (last 

visited Apr. 28, 2010)), Colombia made a reservation to the treaty, (available at

http://www.iccnow.org/ documents/Colombia_DeclarationRatificationAug2002_sp.pdf (last 

visited Apr. 27, 2010)). 

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

(Text of Code available at http://www.secretariasenado.gov.co/senado/basedoc/ 

ley/2000/ley_0599_2000_pr003.html#101 (last visited Apr. 27, 2010).) 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -6

Congo, Democratic Republic of the

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. (Code Penal 

Congolais, JOURNAL OFFICIEL DE LA RÉPUBLICQUE DÉMOCRATIQUE DU CONGO, Nov. 30, 

2004, available at http://www.leganet.cd/Legislation/JO/2004/JO.30. 11.2004.pdf.) 

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.” (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.) 

Congo (Republic of) [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 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -7

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;

• 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.

(Text in the vernacular published by the Ministry of Justice of the Republic of the Congo, 

Codes d’Audience, Recueil de Codes et Textes Usuels (Brazzaville, 2001) (copy attached). 

Costa Rica

Costa Rica promulgated Law No. 8272 in 2002, amending Article 7 and adding Article 378 

and 379 to the Penal Code. Article 379 addresses crimes against humanity. The English and 

vernacular texts are found at the following website: http://www.nottingham.ac. 

uk/shared/shared_hrlcicju/Costa_Rica/ (last visited Apr. 27, 2010). 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. (Id.)

Croatia

The Criminal Code of Croatia (entered into force on Jan. 1, 1998, amended as of July. 15, 

2003), in unofficial translation, can be found online through the website of the publisher of the 

official gazette at http://www.vsrh.hr/CustomPages/ Static/HRV/Files/Legislation__CriminalCode.pdf (last visited Apr. 28, 2010). Article 157A of the Code prosecutes crimes against 

humanity. The Code subjects to liability all individuals who committed 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 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). 

Denmark 

Denmark adopted the Act on the International Criminal Court on May 16, 2001 (available at

http://www.adh-geneva.ch/RULAC/pdf_state/2001-Act-on-the-ICC.pdf (in English 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -8

translation) (last visited Apr. 28, 2010)), 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 

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 (Dansk straffemyndighed, Betænkning nr. 148 , available at

http://jm.schultzboghandel.dk/ upload/microsites/jm/ebooks/bet1488/bet/hele.html (in Danish; 

last visited Apr. 28, 2010) that “included recommendations that would make it easier for 

Danish courts to prosecute crimes committed abroad, especially international crimes.” 

(Denmark, RULAC database, http://www.adh-geneva.ch/RULAC/national_ legislation. 

php?id_state=55 (last visited Apr. 27, 2010).) 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 [Lov nr. 132 af 29.04.1955 om straf for folkedrab], 

available at http://www.prevent genocide.org/dk/folkedrab1955.htm (in Danish and in English 

translation) (last visited Apr. 28, 2010)). 

Note that the Law Library does not have a specialist with Danish language skills on staff 

Ecuador

Ecuador ratified the Statute of Rome (SR) on January 17, 2002 (REGISTRO OFICIAL, Jan. 31, 

2002, available at http://www.derechoecuador.com/index.php?option=com_content&task= 

view&id=231&Itemid=280#anchor428667). 

The Political Constitution (REGISTRO OFICIAL, Oct. 20, 2008, available at

http://www.derechoecuador.com/index.php?option=com_content&task=view&id=4742&Itemi

d=498#Derechosdelibertad) includes provisions against torture, forced disappearance, and 

cruel treatment (id. art. 66.3.c). It also provides that genocide, crimes against humanity, war 

crimes, and forced disappearance will not be subject to any statute of limitations (id. art. 80). 

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 (REGISTRO OFICIAL, Apr. 27, 2009, Global Legal Information Network website, 

http://content.glin.gov/summary/221978.). 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -9

Estonia

An English translation of the Criminal Code of Estonia (entered into force on Sept. 1, 2003, 

amended as of March 15, 2007) can be found at http://www.legislationline. 

org/documents/section/criminal-codes (last visited Apr. 28, 2010). It provides for the 

prosecution of crimes against humanity and war crimes, placing relevant provisions in specific 

sections of the Code (Chapter 18. Div. 2, arts. 89, 90). 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 Estonia or of the country where the crime was committed (art. 6). 

European Union

At the European Union level, the following items of legislation deal with crimes against 

humanity: 

• 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

(2008 OFFICIAL JOURNAL OF THE EUROPEAN UNION [OJ] (L328) 55, EUROPA website,

available at http://europa.eu/legislation_summaries/ justice freedom_security/

combating_discrimination/l33178_en.htm). 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. (Id. Art. 1(c).)

• Council Decision 2003/335/JHA of 8 May 2003 on the Investigation and Prosecution of

Crimes of Genocide, Crimes Against Humanity and War Crimes (2003 OJ (L118) 12,

EUROPA website, available at http://europa.eu/legislation _summaries/justice_freedom_

security/judicial_cooperation_in_criminal_matters/l16005_en.htm). 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 (2002 OJ (L167) 1, EURLEX website, available at http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri= CELE X :32002D0494:EN:HTML). The

Decision requires that Member States establish contact points within their territories for

the exchange of information concerning the investigation of genocide, crimes against
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -10

humanity, and war crimes and also inform the General Secretariat of the Council of the 

EU regarding the designated bodies. 

Finland 

The Finnish Penal Code, amended to include Law 212/2008, Laki rikoslain muuttamisesta 

[Law Amending the Criminal Code] of May 1, 2008, is available in unofficial translation from 

the Finnish Ministry of Justice, at http://www.finlex.fi/en/laki/kaannokset/1889 

/en18890039.pdf (last visited Apr. 26, 2010). Chapter 11 covers war crimes and crimes 

against humanity; other subsections were also amended in 2008. Under section 7 of Chapter 1 

of the Code, Finnish law applies to international crimes if they are acts that contravene 

agreements to which Finland is a party. 

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); other crimes 

against humanity, including deportation, enslavement, systematic practice of summary 

executions, and other additional offenses (arts. 212-1 to 212-3); and common provisions (arts. 

213-1 to 213-5). Subtitle II governs eugenic practices and human reproductive cloning (arts. 

214-1 to 214-4 and 215-1 to 215-4). 

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 a French or foreign national 

when the victim is a French national (Penal Code, art. 113-7). 

The provisions listed above may be found in English on the French government legal website, 

at http://www.legifrance.gouv.fr. Click on the British flag next to “Les codes en vigeur,” then 

on “Penal Code,” then on “First Part: Enacted Parts: Arts. 111-1 to 727-2,” and finally on 

“Book II” to reach the articles listed above. 

Georgia

An English translation of the Criminal Code of Georgia (adopted on February. 15, 2000) is 

available at the U.N. High Commissioner for Refugees website, at http://www. 

unhcr.org/refworld/docid/404c5dc11.html (last visited Apr. 28, 2010). It provides for the 

prosecution of crimes against humanity and war crimes, placing relevant provisions in specific 

sections of the Code (Chapter 47, arts. 404-413). The Code subjects to liability all individuals 

who commit a crime in the country’s territory (art. 4), 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). 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -11

Germany 

The Act to Introduce the Code of Crimes Against International Law (of June 26, 2002) 

(Gesetz zur Einführung des Völkerstrafrechtsgesetzbuches, June 26, 2001, 

BUNDESGESETZBLATT [BGBl.] I at 1842, translated into English at http://www.iuscomp. 

org/gla/statutes/VoeStGB.pdf) 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 (Völkerstrafrechtsgesetzbuch, June 26, 2002, BGBl I at 1842, translated into 

English at http://www.iuscomp.org/gla/statutes/VoeStGB.pdf). This Code contains criminal 

provisions against genocide (§ 6), crimes against humanity (§ 7), and war crimes (§§ 8 – 12). 

Section 6 of the Code 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. 

Ireland 

The International Criminal Court Act, No. 30/2006, § 7, http://www.irishstatutebook.ie/ 2006/ 

en/act/pub/0030/index.html (last visited April 27, 2010), 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.” (Id. § 9(3).) 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. 

(Id. § 12). 

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.” (Embassy of Italy letter of 

May 16, 2008, to the ICC Secretariat, ICC website, http://wwwold.icc-cpi.int/library/asp/ICCASP-POA2008-ITA-ENG.pdf (last visited Apr. 29, 2010).) Despite that fact, however, a 

number of the Statute’s provisions “are not necessarily self-executing,” and there have been 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -12

several unsuccessful attempts to pass additional implementing legislation. (Id.) Bill No. 1112 

of 2008 was one of the efforts (Legislatura 16o – Disegno di legge N. 1112, http://www. 

parlamento.it/japp/bgt/showdoc/frame.jsp?tipodoc=Ddlpres&leg=16&id=00330649&part=doc

_dc-relpres_r&parse=no&stampa=si&toc=no (last visited Apr. 29, 2010)). More recently, in 

May 2009, the Chamber of Deputies had a bill under consideration for a first reading (C. 2445, 

tabled on May 18, 2009) that was subsequently sent to committee. (Atto Camera: 2445, 

Italian Parliament website, http://nuovo.camera.it/126?action= submit&leg=16&pdl=2445 

&stralcio=&navette=&cerca=cerca ((last visited Apr. 29, 2010).) It is unclear what the 

current status of that legislation is.

For a discussion of crimes against humanity in connection with Italy’s implementation of the 

Rome Statute, see Marco Roscini, Great Expectations: The Implementation of the Rome 

Statute in Italy, 5:2 JOURNAL OF INTERNATIONAL CRIMINAL JUSTICE 493 (May 1, 2007), Lexis, 

Law Reviews Library [photocopy attached]. Roscini 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 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. (Codice 

Penale, ALTALEX, http://www.altalex.com/index.php?idnot=36653 (last visited Apr. 29, 

2010); I NUOVI CODICE PENALE E CODICE DI PROCEDURA PENALE E LE LEGGI

COMPLEMENTARI 194 (Luigi Alibrandi ed., CasaEditriceLaTribuna, 2006).) 

Italy also has in place Law No. 962 of October 9, 1967, on the Prevention and Punishment of 

the Crime of Genocide. (Legge italiana 9 ottobre 1967, n.962, Prevenzione e Repressione del 

Delitto di Genocidio, Prevent Genocide International website, http://preventgenocide. 

org/it/legge.htm (last visited Apr. 30, 2010).) 

Note that the Law Library does not have a Foreign Law Specialist with Italian language skills 

on staff. 

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 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -13

11, 1997; and 98-756 of December 23, 1998. The Penal Code addresses crimes against 

humanity in Book II, Title I, as follows (as translated by the author): 

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. [CENTRE

NATIONAL DE DOCUMENTATION JURIDIQUE, CODE PENAL (Abidjan, 2000)].

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. (PENAL CODE, Law No. 45 of 1907, as amended, arts. 1, 3, 3-2.) 

Korea, South

Article 9 of the Act on the Punishment, Etc. of Crimes Under the Jurisdiction of the 

International Criminal Court, Act No. 8719 (Dec. 21, 2007), contains a provision that punishes 

crimes against humanity. An unofficial English translation of the law is available at 

http://www.iccnow.org/documents/KoreaImplementingAct.pdf (last visited Apr. 27, 2010). 

According to Article 3 of the Act, its jurisdiction includes crimes committed: 

• In Korea by nationals and non-nationals;

• By nationals while abroad;
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -14

• 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.”

Kyrgyzstan

The Criminal Code of Kyrgyzstan was adopted on September 21, 1998 (available in the 

vernacular at http://www.legislationline.org/documents/section/criminal-codes (last visited Apr. 

28, 2010)). All individuals who commit a crime in the territory of the Kyrgyz Republic will be 

penalized according to this Code (id. art. 5). 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 (id. art. 6). Since no English translation is 

available, the relevant Code provisions have been summarized by the author 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 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. 

Latvia

An English translation of the Criminal Code of Latvia (adopted on May 18, 2000) can be 

found at http://www.legislationline.org/documents/section/criminal-codes (last visited Apr. 28, 

2010). It provides for the prosecution of crimes against humanity and war crimes, placing 

relevant provisions in specific sections of the Code (Chapter 9, Sec. 71-72, 78-79). The Code 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -15

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 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). 

Liechtenstein

Liechtenstein cooperates with the International Criminal Court under a Federal Act on 

Cooperation with the ICC (Bundesgesetz über die Zusammenarbeit mit dem Internationalen 

Strafgerichtshof, Oct. 20, 2004, SYSTEMATISCHE SAMMLUNG DER LIECHTENSTEINISCHEN

RECHTSVORSCHRIFTEN [LR] 352; translation available at http://www.nottingham.ac.uk/shared/ 

shared_hrlcicju/Lichtenstein/Liechtenstein_Law_on_Cooperation_with_the_International_Cri

minal_Court__2004_.doc), but has not enacted criminal provisions on crimes against 

humanity or jurisdictional provisions for such crimes. While the Liechtenstein Penal Code 

(Strafgesetzbuch, June 24, 1987, as amended, LR 311.0) contains no provisions on crimes 

against humanity, it does contain a provision on genocide in section 321. 

Criminal jurisdiction over genocide perpetrated abroad appears to be available on the basis of 

section 65 (1), number 2, of the Liechtenstein Penal Code, in conjunction with Article 6 of the 

Genocide Convention (Convention on the Prevention and Punishment of the crime of 

Genocide, Dec. 9, 1948, U.N. Gen Assembly Resolution 260 (iii) A, available at

http://www.preventgenocide.org/law/convention/text.htm). Section 65 (1), number 2, of the 

Penal Code provides jurisdiction over acts committed abroad by perpetrators who were 

apprehended in Liechtenstein and who cannot be prosecuted in the place of commission, if 

Liechtenstein is under an obligation of international law to exercise such jurisdiction. Article 

6 of the Genocide Convention requires the member states to exercise such jurisdiction. 

Luxembourg

Luxembourg’s Law of January 9, 1985, on the Punishment of Grave Breaches of the Geneva 

International Conventions of August 12, 1949 (Mémorial, JOURNAL OFFICIEL DU GRAND

DUCHÉ DE LUXEMBOURG,

http://www.legilux.public.lu/leg/a/archives/1985/0002/a002.pdf#page=8l (last visited Apr. 27, 

2010)), 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; 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -16

(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; 

(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.” (Id.) 

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. A copy of the relevant provisions in the vernacular is 

attached. The following is a brief translation. 

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.
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -17

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

prescription. 

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 (available at http://www2.justice.gov.mt/lom/chronological_index.asp? 

LangID=E&PubID=LG&PSB=P ). 

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.

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 “Violación de 

los deberes de humanidad,” which can be roughly translated as “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 jurisdiction. Time constraints prevented a 

determination of whether other provisions of the Federal Criminal Code address this issue. 

Mexico’s Federal Criminal Code is available on the Mexico House of Representatives’ 

website, http://www.diputados. gob.mx/LeyesBiblio/pdf/9.pdf (last visited on Apr. 27, 2010). 

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 (International Crimes Act), http://www. 

nottingham.ac.uk/shared/shared_hrlcicju/Netherlands/International_Crimes_Act__English_.do

c. 

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; 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -18

(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. 

Thus, according to Human Rights Watch: 

Dutch courts can exercise universal jurisdiction over genocide, war crimes, crimes 

against humanity, and torture provided that the perpetrator is present in the Netherlands 

and that the crimes were committed after the entry into force of the act on October 1, 

2003 [International Crimes Act, sections 2 (1) (a), (c), 2 (3), in conjunction with sections 

3 to 8 and section 10 defining the crimes. The introduction to the act emphasizes that the 

provisions of the act cannot be applied ex post facto.] .... International crimes committed 

before that date have to be dealt with under previous law, the Wartime Offenses Act of 

July 10, 1952, the Genocide Convention Implementation Act of 1964 and the Act 

implementing the Convention against Torture of 1988. [HUMAN RIGHTS WATCH,

UNIVERSAL JURISDICTION IN EUROPE (June 27, 2006), available at

http://www.hrw.org/en/reports/2006/06/27/universal-jurisdiction-europe-0?print#_ftn359.] 

Note that the Law Library does not have a specialist with Dutch language skills on staff. 

New Zealand

The following legislation refers to proceedings involving crimes against humanity: 

• International Crimes and International Criminal Court Act [ICICCA] 2000, available at

http://www.legislation.govt.nz/act/public/2000/0026/latest/DLM63091.html (a PDF

version of the legislation is also available on this website). 

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. (ICICCA § 10.) The Attorney-General’s consent is required 

for proceedings to be brought under this provision. (Id. § 13.) 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.” (Id. § 8(1)(c).) 

The Act also sets out the procedural requirements relating to New Zealand’s cooperation with, 

and provision of assistance to, the International Criminal Court. 

Nigeria

Nigeria signed the Rome Statute on June 2000, and ratified it on September 2001. (See 

Coalition for International Criminal Court portal, http://www.coalitionfortheicc.org/

?mod=country&iduct=128 (last visited Apr. 27, 2010)). This, however, is not sufficient to 

make the Rome Statute applicable in Nigeria. The Nigerian Constitution requires that all 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -19

treaties, in order to have the force of law in Nigeria, have to be enacted by the National 

Assembly. (CONSTITUTION OF THE FED. REP. OF NIGERIA § 12 (1999)). There is currently a 

bill, The Rome Statute (Ratification and Jurisdiction) Bill, for the implementation of the Rome 

Statute in Nigeria, but it has not yet been enacted into law. 

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).[Lov om endringer i straffeloven 20. mai 2005 nr. 28 mv. 

(skjerpende og formildende omstendigheter, folkemord, rikets selvstendighet, 

terrorhandlinger, ro, orden og sikkerhet, og offentlig myndighet (JD), 7 mars 2008 nr. 4], [in 

Norwegian], available at http://www.lovdata.no/cgi-wift/ldles?ltdoc=/all/nl-20080307-

004.html. For a draft translation of Chapter 16, Genocide, crimes against humanity and war 

crimes, see http://www.adh-geneva.ch/RULAC/pdf_state/draft-chapter-16.pdf. 

The Chapter 16 provisions appear to apply to any person who commits the acts listed. 

According to Human Rights Watch, moreover: 

[A]rticle 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” [Criminal Code 1982 art. 12.4]. [HUMAN RIGHTS WATCH, UNIVERSAL 

JURISDICTION IN EUROPE (June 27, 2006), available at http://www.hrw.org/en/ 

reports/2006/06/27/universal-jurisdiction-europe-0?print#_ftn359.] [Note: this was 

published before the adoption of Law No. 4 of 2008.] 

Note that the Law Library does not have a specialist with Norwegian language skills on staff. 

Peru

Peru ratified the Rome Statute on September 15, 2001 (EL PERUANO, Sept. 16, 2001, available 

at http://www.congreso.gob.pe/ntley/Imagenes/Leyes/27517.pdf). Its Criminal Code contains 

Articles 319-322 on crimes against humanity (http://www.congreso.gob.pe/ ntley/Imagenes/ 

Leyes/26926.pdf (last visited Apr. 28, 2010)). 

Articles 554-566 of the Code of Criminal Procedure address cooperation with the ICC 

(http://www.iccnow.org/documents/CPP_Peru_legis_coop.pdf (last visited Apr. 28, 2010)). 

According to news reports, a bill is pending in the Peruvian Congress on the Amendment of 

the Criminal Code. Among the provisions under consideration is the implementation of the 

Rome Statute to punish crimes against humanity according to international standards 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -20

(Plantean adecuar Código Penal al Estatuto de Roma, ELCOMERCIO.PE, Apr. 13, 2009, 

http://elcomercio.pe/impresa/notas/plantean-adecuar-codigo-penal-al-estatuto-roma/20090413/ 

272507 (last visited Apr. 28, 2010)). 

Poland

The Polish Criminal Code, adopted on July 6, 1997, can be found in the vernacular online at 

http://www.legislationline.org/documents/section/criminal-codes (last visited Apr. 28, 2010). 

It is applicable to all crimes committed in the territory of Poland (Criminal Code art. 5). 

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). 

No English translation is available. Therefore, relevant portions of the Code have been 

summarized by the author 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 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. 

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. 

(Lei No. 31/2004, de 22 de Julho (in Portuguese), available at the website of the Portuguese 

Public Prosecutor’s Office [Ministério Público, Procuradoria-Geral Distrital de Lisboa] 

[PPPO], http://www.pgdlisboa.pt/pgdl/leis/lei_mostra_articulado.php?nid=123&tabela=leis.) 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -21

Law No. 31 amended, inter alia, Article 5 of Portugal’s Penal Code (CÓDIGO PENAL, DecretoLei No. 48/1995, de 15 de Março (in Portuguese), last amended by Law No. 61/2008 of Oct. 

31, available at the PPPO website, http://www.pgdlisboa.pt/pgdl/leis/lei_mostra_ 

articulado.php? nid=109&tabela=leis), 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)) 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. (Lei No. 59/2007, de 4 de Setembro art. 

1 (in Portuguese), available at the PPPO website, http://www.pgdlisboa. 

pt/pgdl/leis/lei_mostra_articulado.php?nid=930&tabela=leis&ficha=1&pagina=1.) 

Slovakia

Slovakia’s Criminal Code (adopted in July 2005) can be found in the vernacular through a 

website of the publisher of the official gazette, at: http://www.zbierka. 

sk/zz/predpisy/default.aspx?PredpisID=18749&FileName=05-z300&Rocnik=2005&# 

xml=http://www.zbierka.sk/zz/predpisy/default.aspx?HitFile=True&FileID=323&Flags=160&

IndexFile=zz05&Text=300/2005 (last visited Apr. 29, 2010). 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 418 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. 419); the use of 

torture, which is punished by imprisonment for a term of three to twelve years (id. art. 420); 

and hate crimes (id. arts. 423, 424). It has a special provision punishing the commission of 

those crimes specified in Article 7 of the Rome Statute on the International Criminal Court (id. 

art. 425). These crimes are punishable by imprisonment for a term of twelve to twenty years. 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -22

Slovenia

Slovenia’s Criminal Code (adopted in March 1994, amended as of June 15, 2005) can be 

found in translation from the U.N. Development Program website at http://km.undp.sk/uploads 

/ public/File/AC_Practitioners_Network/Slovenia_Criminal_Code. doc (last visited Apr. 28, 

2010). It provides for the prosecution of crimes against humanity and war crimes, placing 

relevant provisions in specific sections of the Code (Chapter 35, arts. 373-375). 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. 

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 (available at the 

South African government portal, http://www.info.gov.za/gazette/acts/2002/a27-02.pdf

(official source)). 

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. (Id.

§ 4(3).

Spain

Spain ratified the Rome Statute on October 4, 2000 (BOLETIN OFICIAL DEL ESTADO, Oct. 5, 

2000, available at http://www.boe.es/boe/dias/2000/10/05/pdfs/A34138-34140.pdf). 

Organic Law 15/2003 (available at http://www.boe.es/boe/dias/2003/11/26/pdfs/A41842-

41875.pdf (last visited Apr. 27, 2010)) amended the Spanish Criminal Code (available at 

http://www.iccnow.org/documents/Spain_ImplementingLegislation_Aug05.pdf (last visited 

Apr. 27, 2010)) to include a chapter on crimes against humanity (arts. 607 bis to 616 bis). 

Article 23.4 of the Organic Law on the Judicial Branch, Law 6/1985 of July 1, 1985 (available 

at http://noticias.juridicas.com/base_datos/Admin/lo6-1985.l1t1.html#a23 (last visited Apr. 

28, 2010)) establishes the universal jurisdiction of Spanish courts in cases of crimes against 

humanity. This provision is currently under consideration for amendment to restrict it. 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -23

Additional information from an article by Professor José Acosta-Estévez (in THE NEW

CHALLENGES OF HUMANITARIAN LAW IN ARMED CONFLICTS 269 (P.A. Fernandez-Sanchez 

ed., 2005) is attached. The Center for Justice and Accountability also provides information, in 

English, on its website (http://www.cja.org/article.php?id=472 (last visited Apr. 27, 2010)). 

Sweden

According to an article published in the INTERNATIONAL CRIMINAL LAW REVIEW (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)), 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 6, of the Swedish Penal Code, this jurisdiction applies to serious 

violations of international law, which includes attacks on civilians. (Swedish Penal Code, 

1962, as translated in 1999, http://www.sweden.gov.se/content/1/c6/01/51/94/ add334ba.pdf

(last visited Apr. 26, 2010).) 

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. 1, § 3 (7)). 

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. (Klamberg, supra, at 399). 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. (Id. at 398.) 

Switzerland

Switzerland cooperates with the International Criminal Court under a Federal Act on 

Cooperation with the ICC (Bundesgesetz über die Zusammenarbeit mit dem Internationalen 

Strafgerichtshof, June 22, 2001, SYSTEMATISCHE SAMMLUNG DES BUNDESRECHTS [SR] 351.6, 

translation available at http://www.nottingham.ac.uk/shared/shared_hrlcicju/Switzerland/ 

Federal_Law_on_Co-Operation_with_the_International_Criminal_Court.pdf) 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 (id. art. 

264). 

Trinidad and Tobago

The relevant provisions on crimes against humanity in Trinidad and Tobago law are found in 

the International Criminal Court Act 2006, 2006 Trin. and Tob. Laws, No. 4, § 10 (available 
Crimes Against Humanity Provisions – April 2010 The Law Library of Congress -24

at http://www. nottingham .ac.uk/shared/ shared_ hrlcicju/ Trinidad _and_Tobago / 

Trinidad___Tobago_The_International _ Crimi nal_Court_Act_2006.pdf (last visited April 27, 

2010)). 

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. 

United Kingdom

The relevant provisions on crimes against humanity under United Kingdom law are contained 

in the International Criminal Court Act 2001, c. 17,

http://www.opsi.gov.uk/acts/acts2001/pdf/uk pga_20010017_en.pdf. This is the original, as 

published version and does not take into account any amendments that may have occurred. 

Explanatory notes to this Act are also available at http://www.opsi.gov.uk/acts/ 

acts2001/en/ukpgaen_20010017_en_1 (last visited Apr. 29, 2010). 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 England or Wales and to those outside the UK by 

a UK national, resident, or person subject to UK service jurisdiction (which is defined later in 

section 67). 

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, ASP 

[Act of Scottish Parliament] 13, available at http://www.opsi.gov.uk/legislation/ 

scotland/acts2001/ asp_20010013_en_2#pt1-pb1-l1g1. The jurisdiction applies to acts 

committed in Scotland or outside the UK by a UK national or resident. 

Uruguay

Uruguay ratified the Rome Statute on June 27, 2002 (BOLETIN OFICIAL DEL ESTADO, July 8, 

2002, available at http://www.parlamento.gub.uy/leyes/AccesoTextoLey.asp?Ley=17510& 

Anchor=). 

Law 18026 of September 25, 2006 (available at the legislative website, http://www. 

parlamento.gub.uy/leyes/AccesoTextoLey.asp?Ley=18026&Anchor=) implements the Rome 

Statute and amends its Criminal Code accordingly. 

Prepared by the Foreign Law Specialists 

and Legal Research Analysts 

of the Law Library of Congress 

April 2010