Genocide

Timor-Leste

Código Penal de Timor-Leste

BOOK I
GENERAL PART

TITLE VI
PRESCRIPTION OF CRIMINAL LIABILITY

CHAPTER III
EXEMPTION FROM STATUTE OF LIMITATIONS

Article 117. Crimes of genocide, crimes against peace and humanity and war crimes

There is no prescription on criminal prosecution and sentences relating to crimes of genocide, crimes against peace and humanity and war crimes.

BOOK II
SPECIAL PART

TITLE I
CRIMES AGAINST PEACE AND HUMANITY

CHAPTER I
CRIMES OF GENOCIDE AND CRIMES AGAINST HUMANITY

Article 123. Genocide

1. Any person who, with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, commits any of the following :

a) Homicide or offence against the physical or mental integrity of members of the group;
b) By whatever means, acts that prevent members of the group from procreating or giving birth ;
c) Rape, sexual enslavement, forced prostitution, forced pregnancy, forced sterilization or any other form of sexual violence of comparable seriousness ;
d) Separation of members of the group into another group by violent means ;
e) Acts that prevent the group in a violent manner from settling or remaining in a geographic space that is, by tradition or historically, recognized as their own ;
f) Subjection of the group to cruel, degrading or inhumane conditions of existence and treatment, which may cause its total or partial destruction ;
g) Widespread confiscation or seizure of property owned by members of the group ;
h) Prohibition of members of the group from carrying out certain trade, industrial or professional activities ;
i) Spread of an epidemic that may cause the death of members of the group or offences to their physical integrity ;
j) Prohibition, omission or hindrance by any means from providing members of the group with humanitarian assistance required to combat epidemic situations or severe food shortages; is punishable with 15 to 30 years imprisonment.

2. Any person who, publicly and directly, incites the commission of any of the aforementioned acts is punishable with 5 to 15 years imprisonment.

Constitution of the Democratic Republic of Timor-Leste

PART VII
FINAL AND TRANSITIONAL PROVISIONS

Section 160 (Serious Crimes)

Acts committed between the 25th of April 1974 and the 31st of December 1999 that can be considered crimes against humanity of genocide or of war shall be liable to criminal proceedings with the national or international courts.

Ratifica O Estatuto de Roma do Tribunal Penal Internacional

Section 2
Interpretative Statement

1. The Democratic Republic of Timor-Leste expresses its intention to exercise, in compliance with the constitutional rules and all other national criminal legislation, jurisdiction over people found within its national territory, who have been indicted for crimes provided for in subsection 5.1 of the Statute.

Rome Statute

Article 5 Crimes within the jurisdiction of the Court

1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:

(a) The crime of genocide;