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GENERAL PART
Chapter Fourteen
CRIMINAL OFFENCES AGAINST HUMANITY
Genocide
Article 100
(1) Whoever with the intention of destroying in whole or in part a national, ethnic, racial or religious group or gives the order :
- to kill members of the group,
- to cause serious bodily or mental harm to members of the group,
- to intentionally inflict on the group conditions of life calculated to bring about its physical destruction in whole or in part,
- to impose measures to prevent births within the group, or
- to forcibly transfer children of the group to another group
shall be sentenced to imprisonment for not less than fifteen years.
(2) The same punishment shall be imposed on whoever commits any of the acts under the previous paragraph against any group because of the reasons referred to in indent 8 of Article 101.
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
Genocide
Article 100
(1) Whoever with the intention of destroying in whole or in part a national, ethnic, racial or religious group or gives the order:
- to kill members of the group,
- to cause serious bodily or mental harm to members of the group,
- to intentionally inflict on the group conditions of life calculated to bring about its physical destruction in whole or in part,
- to impose measures to prevent births within the group, or
- to forcibly transfer children of the group to another group
shall be sentenced to imprisonment for not less than fifteen years.
(2) The same punishment shall be imposed on whoever commits any of the acts under the previous paragraph against any group because of the reasons referred to in indent 8 of Article 101.
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:
(a) The crime of genocide
Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.