PART ONE GENERAL PROVISIONS
CHAPTER II JURISDICTION OF COURTS
SUB-CHAPTER I SUBJECT MATTER JURISDICTION AND THE COMPOSITION OF THE COURT
Article 22
Offenses Considered as Serious Crimes for the Purpose of this Code
1. For the purpose of this Code, Serious Crimes shall be considered:
1.1. criminal offenses punishable by over ten (10) years imprisonment; or
1.2. the following criminal offenses:
1.2.1. assault on constitutional order of the Republic of Kosovo, in accordance with
Article 114 of the Criminal Code;
1.2.2. armed rebellion, in accordance with Article 115 of the Criminal Code;
1.2.3. acceptance of capitulation and occupation, in accordance with Article 116 of
the Criminal Code;
1.2.4. treason against state, in accordance with Article 117 of the Criminal Code;
1.2.5. endangering the territorial integrity of the Republic of Kosovo, in accordance
with Article 118 of the Criminal Code;
1.2.6. murder of high representatives of the Republic of Kosovo, in accordance
with Article 119 of the Criminal Code;
1.2.7. abduction of the high representatives of the Republic of Kosovo, in
accordance with Article 120 of the Criminal Code;
1.2.8. violence against the high representatives of the Republic of Kosovo, in
accordance with Article 121 of the Criminal Code;
1.2.9. endangering the constitutional order by destroying or damaging public
installations and facilities, in accordance with Article 122 of the Criminal Code;
1.2.10. sabotage, in accordance with Article 123 of the Criminal Code;
1.2.11. espionage, in accordance with Article 124 of the Criminal Code;
1.2.12. disclosure of classified information and failure to protect classified
information, in accordance with Article 125 of the Criminal Code;
1.2.13. aggravated offenses against the constitutional order or security of the
Republic of Kosovo, in accordance with Article 126 of the Criminal Code;
1.2.14. alliance for anti-constitutional actions, in accordance with Article 127 of the
Criminal Code;
1.2.15. commission of the offense of terrorism, in accordance with Article 129 of
the Criminal Code;
1.2.16. assistance in the commission of terrorism, in accordance with Article 130
of the Criminal Code;
1.2.17. facilitation and financing of the commission of terrorism, in accordance with
Article 131 of the Criminal Code;
1.2.18. recruitment for terrorism, in accordance with Article 132 of the Criminal
Code;
1.2.19. training for terrorism, in accordance with Article 133 of the Criminal Code;
1.2.20. incitement to commit a terrorist offense, in accordance with Article 134 of
the Criminal Code;
1.2.21. concealment or failure to report terrorists and terrorist groups, in accordance
with Article 135 of the Criminal Code;
1.2.22. organization and participation in a terrorist group, in accordance with Article
136 of the Criminal Code;
1.2.23. traveling for the purpose of terrorism, in accordance with Article 137 of the
Criminal Code;
1.2.24. preparation of terrorist offenses or criminal offenses against the constitutional
order and security of the Republic of Kosovo, in accordance with Article 138 of the
Criminal Code;
1.2.25. genocide, in accordance with Article 142 of the Criminal Code;
1.2.26. crimes against humanity, in accordance with Article 143 of the Criminal
Code;
1.2.27. war crimes in grave violation of the Geneva conventions, in accordance
with Article 144 of the Criminal Code;
1.2.28. war crimes in serious violation of laws and customs applicable in
international armed conflict, in accordance with Article 145 of the Criminal Code;
1.2.29. war crimes in serious violation of Article 3 common to the Geneva
conventions, in accordance with Article 146 of the Criminal Code ;
1.2.30. war crimes in serious violation of laws and customs applicable in armed
conflict not of an international character, in accordance with Article 147 of the
Criminal Code;
1.2.31. attacks in armed conflicts not of an international character against
installations containing dangerous forces, in accordance with Article 148 of the
Criminal Code;
1.2.32. conscription or enlisting of children in armed conflict, in accordance with
Article 149 of the Criminal Code;
1.2.33. employment of prohibited means or methods of warfare, in accordance
with Article 150 of the Criminal Code;
1.2.34. unjustified delay in repatriating prisoners of war or civilians, in accordance
with Article 151 of the Criminal Code;
1.2.35. unlawful appropriation of objects from the killed or wounded on the
battlefield, in accordance with Article 152 of the Criminal Code;
1.2.36. endangering negotiators, in accordance with Article 153 of the Criminal
Code;
1.2.37. organization of groups to commit genocide, crimes against humanity and
war crimes, in accordance with Article 154 of the Criminal Code;
1.2.38. instigating war of aggression or armed conflict, in accordance with Article
156 of the Criminal Code;
1.2.39. misuse of international emblems, in accordance with Article 157 of the
Criminal Code;
1.2.40. hijacking aircraft, in accordance with Article 158 of the Criminal Code;
1.2.41. endangering civil aviation safety, in accordance with Article 159 of the
Criminal Code;
1.2.42. endangering maritime navigation safety, in accordance with Article 160 of
the Criminal Code;
1.2.43. endangering the safety of fixed platforms located on the continental shelf,
in accordance with Article 161 of the Criminal Code;
1.2.44. piracy, in accordance with Article 162 of the Criminal Code;
1.2.45. slavery, slavery-like conditions and forced labor, in accordance with Article
163 of the Criminal Code;
1.2.46. smuggling of migrants, in accordance with Article 164 of the Criminal Code;
1.2.47. trafficking in persons, in accordance with Article 165 of the Criminal Code;
1.2.48. sexual services of a victim of trafficking, in accordance with Article 228 of
the Criminal Code;
1.2.49. endangering internationally protected persons, in accordance with Article
167 of the Criminal Code;
1.2.50. endangering United Nations Organization and associated personnel, in
accordance with Article 168 of the Criminal Code;
1.2.51. hostage-taking, in accordance with Article 169 of the Criminal Code;
1.2.52. unauthorized appropriation, reception, use, production, possession,
transfer, alteration, disposal, dispersion or damage of nuclear or radioactive
material in accordance with Article 170 of the Criminal Code;
1.2.53. threats to use or commit theft or robbery of nuclear or radioactive material,
in accordance with article 171 of the Criminal Code;
1.2.54. aggravated murder, in accordance with Article 173 of the Criminal Code;
1.2.55. kidnapping, in accordance with Article 191 of the Criminal Code;
1.2.56. torture, in accordance with Article 196 of the Criminal Code;
1.2.57. violation of the right to be a candidate, in accordance with Article 207 of the
Criminal Code
1.2.58. threat to the candidate, in accordance with Article 208 of the Criminal Code;
1.2.59. preventing exercise of the right to vote, in accordance with Article 209 of
the Criminal Code;
1.2.60. violating the free decision of voters, in accordance with Article 210 of the
Criminal Code;
1.2.61. abuse of official duty during elections, in accordance with Article 211 of the
Criminal Code;
1.2.62. giving or receiving a bribe in relation to voting, in accordance with Article
212 of the Criminal Code;
1.2.63. falsification of voting results, in accordance with Article 216 of the Criminal
Code;
1.2.64. destroying voting documents, in accordance with Article 217 of the Criminal
Code;
1.2.65. rape, in accordance with Article 227 of the Criminal Code;
1.2.66. unauthorized purchase, possession, distribution and sale of narcotic drugs,
psychotropic substances and analogues, in accordance with Article 267 of the
Criminal Code;
1.2.67. unauthorized production and processing of narcotic drugs, psychotropic
substances and analogues, in accordance with article 268 of the Criminal Code;
1.2.68. cultivation of opium poppy, coca bush or cannabis plants, in accordance
with Article 272 of the Criminal Code;
1.2.69. organizing, managing or financing trafficking in narcotic drugs or
psychotropic substances, in accordance with Article 273 of the Criminal Code;
1.2.70. counterfeit money, in accordance with Article 296 of the Criminal Code;
1.2.71. counterfeit securities and payment instruments, in accordance with Article
287 of the Criminal Code;
1.2.72. participation in or organization of an organized criminal group, in accordance
with Article 277 of the Criminal Code;
1.2.73. intimidation during criminal proceedings, in accordance with Article 387 of
the Criminal Code;
1.2.74. abusing official position or authority, in accordance with Article 414 of the
Criminal Code;
1.2.75. abuse and fraud in public procurement, in accordance with Article 415 of
the Criminal Code;
1.2.76. misusing official information, in accordance with Article 416 of the Criminal
Code;
1.2.77. conflict of interest, in accordance with Article 417 of the Criminal Code;
1.2.78. misappropriation in office, in accordance with Article 418 of the Criminal
Code;
1.2.79. fraud in office, in accordance with Article 419 of the Criminal Code;
1.2.80. unauthorized use of property, in accordance with Article 420 of the Criminal
Code;
1.2.81. accepting bribes, in accordance with Article 421 of the Criminal Code;
1.2.82. giving bribes, in accordance with Article 422 of the Criminal Code;
1.2.83. giving bribes to foreign official person or foreign public official, in accordance
with Article 423 of the Criminal Code;
1.2.84. trading in influence, in accordance with Article 424 of the Criminal Code;
1.2.85. issuing unlawful judicial decisions, in accordance with Article 425 of the
Criminal Code;
1.2.86. disclosing official secrets, in accordance with Article 426 of the Criminal
Code;
1.2.87. falsifying official document, in accordance with Article 427 of the Criminal
Code;
1.2.88. unlawful collection and disbursement, in accordance with Article 428 of the
Criminal Code;
1.2.89. unlawful appropriation of property during a search or execution of a court
decision, in accordance with Article 429 of the Criminal Code.
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:
(b) Crimes against humanity;
1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) 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) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(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 mental or physical health.
2. For the purpose of paragraph 1:
(a) ‘Attack directed against any civilian population’ means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) ‘Extermination’ includes 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;
(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 or under the control of the accused; except that torture shall not include pain or suffering arising only from, 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. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
(g) ‘Persecution’ means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
(h) ‘The crime of apartheid’ means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(i) ‘Enforced disappearance of persons’ means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
3. For the purpose of this Statute, it is understood that the term ‘gender’ refers to the two sexes, male and female, within the context of society. The term ‘gender’ does not indicate any meaning different from the above.