GENERAL PART

Chapter Fourteen
CRIMINAL OFFENCES AGAINST HUMANITY

Crimes against Humanity

Article 101

Whoever orders or carries out the following acts, which are part of a larger systematic attack against the civilian population and of which the perpetrators is aware :

- murder ;
- extermination, which means creating such living conditions, inter alia deprivation of access to food and medical supplies, that would lead to partial destruction of population ;
- enslavement, which means performing of a particular or all justifications arising from the property right over a person and also include carrying out such justification in trafficking in human beings, especially women and children ;
- deportation or forcible transfer of population, which means forcible removal of people by deportation or other forcible acts from the area, in which they have been legally residing, without any reasons allowed according to international law ;
- imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law ;
- torture, which means intentional infliction of severe pain, physical or mental suffering on a person whom the perpetrator detained, whereby the torture does not include pain or suffering which is exclusively the result of implementation of legal sanction or is connected thereto.
- rape, sexual slavery, enforced prostitution, forced pregnancy which means illegal detention of a woman who got pregnant by duress with the intention to affect ethnical structure of any population or to perform other severe violations of international law, enforced sterilization, or any other form of sexual violence of comparable gravity ;
- persecution, which represents intentional or severe encroachment of fundamental rights contrary to the international law, against any identifiable group or community 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 criminal offence referred to in this Article and in Articles 100, 102 and 103 ;
- forced disappearance of persons, which means capture, detention or kidnapping of a person carried out by the agents of the State or political organisation, or under its authorisation, support or consent, which then will not admit to this kind of capture or will not provide information on the fate of these persons or their location, with the purpose to deny these persons legal protection for a long period of time ;
- the crime of apartheid, which means inhumane acts of a character similar to those mentioned in this Article, committed in the context of an institutionalised 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 ;
- other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

shall be sentenced to imprisonment for not less than fifteen years.

GENERAL PART

Chapter Fourteen
CRIMINAL OFFENCES AGAINST HUMANITY

Association and Incitement to Genocide, Crimes against Humanity or Aggression

Article 105

(1) Whoever establishes a criminal organisation to commit criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between one and ten years.

(2) Any person who becomes a member of the organisation referred to in the previous paragraph shall be sentenced with imprisonment between six months and five years.

(3) The perpetrator of the criminal offence under paragraphs 1 or 2 of this Article, who prevents the committing of criminal offences specified in paragraph 1 or declared the offence in due time, shall be sentenced with imprisonment of up to three years, or the sentence may also be remitted.

(4) Whoever incites or instigates to directly commit the criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between six months and five years.

GENERAL PART

Chapter Fourteen

CRIMINAL OFFENCES AGAINST HUMANITY

Crimes against Humanity
Article 101

Whoever orders or carries out the following acts, which are part of a larger systematic attack against the civilian population and of which the perpetrators is aware:
- murder;
- extermination, which means creating such living conditions, inter alia deprivation of access to food and medical supplies, that would lead to partial destruction of population;
- enslavement, which means performing of a particular or all justifications arising from the property right over a person and also include carrying out such justification in trafficking in human beings, especially women and children;
- deportation or forcible transfer of population, which means forcible removal of people by deportation or other forcible acts from the area, in which they have been legally residing, without any reasons allowed according to international law;
- imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
- torture, which means intentional infliction of severe pain, physical or mental suffering on a person whom the perpetrator detained, whereby the torture does not include pain or suffering which is exclusively the result of implementation of legal sanction or is connected thereto.
- rape, sexual slavery, enforced prostitution, forced pregnancy which means illegal detention of a woman who got pregnant by duress with the intention to affect ethnical structure of any population or to perform other severe violations of international law, enforced sterilization, or any other form of sexual violence of comparable gravity;
- persecution, which represents intentional or severe encroachment of fundamental rights contrary to the international law, against any identifiable group or community 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 criminal offence referred to in this Article and in Articles 100, 102 and 103;
- forced disappearance of persons, which means capture, detention or kidnapping of a person carried out by the agents of the State or political organisation, or under its authorisation, support or consent, which then will not admit to this kind of capture or will not provide information on the fate of these persons or their location, with the purpose to deny these persons legal protection for a long period of time;
- the crime of apartheid, which means inhumane acts of a character similar to those mentioned in this Article, committed in the context of an institutionalised 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;
- other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

shall be sentenced to imprisonment for not less than fifteen years.

GENERAL PART

Chapter Fourteen

CRIMINAL OFFENCES AGAINST HUMANITY

Association and Incitement to Genocide, Crimes against Humanity or Aggression
Article 105

(1) Whoever establishes a criminal organisation to commit criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between one and ten years.

(2) Any person who becomes a member of the organisation referred to in the previous paragraph shall be sentenced with imprisonment between six months and five years.

(3) The perpetrator of the criminal offence under paragraphs 1 or 2 of this Article, who prevents the committing of criminal offences specified in paragraph 1 or declared the offence in due time, shall be sentenced with imprisonment of up to three years, or the sentence may also be remitted.

(4) Whoever incites or instigates to directly commit the criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between six months and five years.

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:
(b) Crimes against humanity

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:
(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.