General Part
Section 2.
Crime.
Chapter 3.
The notion and types of crime.
Article 19. Types of crime.
5. Particularly grave crimes are those willful acts for which this Code envisages a maximal imprisonment for more than ten years or for life .
Special Part
Section 13.
Crimes against peace and human security
Chapter 33.
Crimes against peace and human security
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 135. Crimes Against Humanity
1. Committing any of the following actions during a large-scale or regular attack on civilians:
1) murder;
2) extermination;
3) enslavement;
4) deportation of society or forced displacement;
5) deprivation of liberty with a violation of general requirements of international law;
6) torture;
7) violent action of sexual nature, sexual enslavement, compelling to prostitution, forced pregnancy or sterilized or compelling to violent actions of sexual nature;
8) persecution of any identifiable group or community based on political, racial, national, ethnic, cultural, religious or gender affiliation or by other ground generally recognized unacceptable by international law;
9) forced disappearance of people;
10) apartheid;
11) other equivalent inhuman act that has caused grave harm to person’s health or severe suffering-
shall be punished by imprisonment for a term of twelve to twenty years or by life imprisonment.
2.The terms used in Part 1 of this Article shall have the following meaning:
1) attack on civilians - multiple performance of acts prescribed under part 1 of this Article, committed against civilians which are undertaken to pursue or support a policy of a state or organization to carry out such an attack;
2) extermination- the creation of such living conditions that are aimed at the complete or partial destruction of the population;
3) enslavement- the exercise of any or all forms of property rights in regard to a person as an object of property, including the same act committed in the context of human trafficking;
4) deportation or forced displacement of the population- forced transfer of people from their lawful place of residence through exile or other coercive actions without grounds provided for by international law;
5) Torture - inflicting severe physical pain or severe mental suffering to a person deprived of liberty or being under the control of a criminal;
6) forced pregnancy - the unlawful deprivation of liberty a woman who is forcibly pregnant for the purpose of changing the ethnic composition of the nation or committing other gross violations of international law;
7) persecution - deprivation of fundamental rights in violation of international law on the grounds of belonging to a particular group or community;
8) forced disappearance of people - the arrest, detention or abduction of persons by the State or a political organization or with their permission, support or consent, not considering it as a deprivation of liberty or by refusing to disclose information about their fate or whereabouts in order to deprive them of their possibility to legal protection for a long time;
9) apartheid - inhumane acts equivalent to the acts referred to in part 1 of this Article, committed by a racial group in the context of an institutionalized regime of regular pressure and domination on another racial group or groups in order to maintain that regime.
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.