Enforced disappearance - crimes against humanity

Montenegro

Montenegro - Criminal Code 2003 (2018) (EN)

Article 427
Whoever, in violation of the rules of international law, as part of a widespread or systematic attack directed against any civilian population, orders any of the following: murders; deliberately inflicting on the population or parts thereof conditions of life calculated to bring about its physical destruction in whole or in part; enslavement; forcible transfer of population; torture; rape; enforced prostitution; forced pregnancy or enforced sterilization with the intent of affecting the ethnic composition of the population; persecution or expulsion on political, religious, racial, national, ethnic, cultural, gender or other grounds; detention or abduction of persons followed by a refusal to acknowledge that deprivation of freedom with the intention of removing them from the protection of the law; oppression and domination by one racial group over any other racial group; or other inhumane acts of a similar character intentionally causing great suffering, or serious injury to health; or who commits any of the foregoing acts shall be punished by a prison sentence for a term not shorter than five years or a long-term prison sentence.

Rome Statute

Article 7 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:

(i) Enforced disappearance of persons;

2. For the purpose of paragraph 1:

(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.