COSTA RICA - Criminal Prosecution to Punish War Crimes and Crimes against Humanity No. 8272

Article 2. Articles 378 and 379 are hereby appended to Part XVII of the Penal Code; the numbering of the subsequent articles is incremented accordingly.

The texts shall read as follows:

"Article 378. War Crimes. A prison term of between ten and twenty-five years shall be applied to anyone who, in the course of an armed conflict, commits or orders the commission of acts recognised as grave violations or war crimes by international treaties to which Costa Rica is party – where these treaties relate to participation in hostilities; the protection of the sick, wounded and shipwrecked; the treatment of prisoners of war; and the protection of civilians and cultural objects in cases of armed conflict – or by virtue of any other instruments of international humanitarian law.”

“Article 379. Crimes against Humanity. A prison term of between ten and twenty-five years shall be applied to anyone who, as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, commits or orders the commission of acts recognised as crimes against humanity by international treaties to which Costa Rica is party – where these treaties relate to the protection of human rights – or by virtue of the Rome Statute."

Article 25
Individual criminal responsibility
1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.