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'Crimes against humanity' in document 'Azerbaijan - Criminal Code'

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More information about the keyword 'Crimes against humanity'
More information about the document 'Azerbaijan - Criminal Code'
The relevant provisions of implementing legislation: [1] [2] [3] [4] [5] [6] [7] [8] [9]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 107. Deportation or forced exile of population

Forced exile of population from lawful places of a settlement to other state or exile by other compulsory actions, without grounds provided by norms of international law and laws of the Azerbaijan Republic shall be punished by imprisonment for the term from ten up to fifteen years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 108. Sexual violence

Rape, compulsion to prostitution, compulsory sterilization or commitment against persons of other actions connected to sexual violence shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

Article 108-1. Compulsory pregnancy
Came into force by the law of the Azerbaijan Republic from July2, 2001.

Illegal imprisonment of a woman, for forced pregnancy with a view to change ethnic structure of this or another population or accompanying another gross infringements of international law shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 109. Discrimination

Prosecution of any group or organization on political, racial, national, ethnic, cultural, religious motives, motives of a sexual belonging or on grounds of another motive forbidden by norms of international law, that is rough infringement of rights of people for a belonging to these groups or organizations, connected with other crimes against safety of mankind shall be punished by imprisonment for the term of from five till ten years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 110. Violent keeping of a person

Detention, arrest or kidnapping of a person with the purpose of deprivation of lawful protection on long term under task, support or with consent of the state or political organization and subsequent denying of the fact on imprisonment of a person or refusal giving data about his attendance or place of staying shall be punished by imprisonment for the term from five up to ten years or life imprisonment.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 111. Racial discrimination (apartheid)

111.0. The acts accomplished with a purpose of the organization and maintenance of superiority of one racial group for destroying of other racial group :

111.0.1. denying of a members right of racial group or groups on life and freedom, that is murder of members of racial group or groups, drawing of heavy harm to their health or serious harm to mental faculties, application to them of tortures or reference severe, brutal or humiliating advantage and punishments, as well as any arrest or illegal imprisonment ;
111.0.2. creation for racial group or groups of the living conditions designed for their full or partial physical destruction ;
111.0.3. realization of any legislative or other action with a purpose ,of hindrance to participation of racial group or groups in political, social, economic and cultural life of the country, to development of such group or groups by denying belonging to members of this group or groups of rights and freedom of a person, including a right to work, creation of trade unions, education, departure and entrance to the country, citizenship, a freedom to move and a choose of a residence, idea and word, associations and assemblies ;
111.0.4. implementation of any measures, including legislative, with the purpose of division of a population into racial groups by means of creation of reservoirs and ghetto, prohibitions of mixed marriages between various racial groups, forced take of ground areas belonging to racial group or groups or their members without their consent ;
111.0.5. operation of work of persons belonging to racial group or groups ;
111.0.6. prosecution of organizations and persons opposing apartheid, by means of deprivation of their right and freedom

shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 112. Imprisonment in infringement of international law norms

Arrest or other imprisonment of persons, in infringement of international law norms
shall be punished by imprisonment for the term from five up to eight years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 113. Application of tortures

Causing of a physical pain or mental sufferings to detained persons or persons, or other restrictions of freedom
shall be punished by imprisonment for the term from seven up to ten years.

ESPECIAL PART

SECTION VII
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

CHAPTER 16
CRIMES AGAINST PEACE AND SECURITY OF HUMANTY

Article 105. Destruction of population

Full or partial destruction of population at absence of attributes of a genocide
shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

NOTE : Crimes shall be admitted as crimes against safety of mankind at deliberate acts provided by articles 105-113 of the present chapter, being component to large-scale or regular attacks on civilians in peace time, and military time.

Article 106. Slavery

106.1. The slavery, that is full or partial realization above a person of the competencies inherent to the property right
shall be punished by imprisonment for the term from five up to ten years.

106.2. The same act accomplished concerning a minor or with the purpose of moving of a person in the foreign state
shall be punished by imprisonment for the term from seven up to twelve years.

106.3. Slavery sales, that is maintenance of the person with a purpose of transfer into to slave or use as a slave, his sale or an exchange, and also any act connected with slave sales or transfer into slave, as well as sexual slavery or an encroachment on sexual freedom on grounds of slavery
shall be punished by imprisonment for the term from five up to ten years.

Article 107. Deportation or forced exile of population

Forced exile of population from lawful places of a settlement to other state or exile by other compulsory actions, without grounds provided by norms of international law and laws of the Azerbaijan Republic
shall be punished by imprisonment for the term from ten up to fifteen years.

Article 108. Sexual violence

Rape, compulsion to prostitution, compulsory sterilization or commitment against persons of other actions connected to sexual violence
shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

Article 108-1. Compulsory pregnancy
Came into force by the law of the Azerbaijan Republic from July2, 2001.

Illegal imprisonment of a woman, for forced pregnancy with a view to change ethnic structure of this or another population or accompanying another gross infringements of international law
shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

Article 109. Discrimination

Prosecution of any group or organization on political, racial, national, ethnic, cultural, religious motives, motives of a sexual belonging or on grounds of another motive forbidden by norms of international law, that is rough infringement of rights of people for a belonging to these groups or organizations, connected with other crimes against safety of mankind
shall be punished by imprisonment for the term of from five till ten years.

Article 110. Violent keeping of a person

Detention, arrest or kidnapping of a person with the purpose of deprivation of lawful protection on long term under task, support or with consent of the state or political organization and subsequent denying of the fact on imprisonment of a person or refusal giving data about his attendance or place of staying shall be punished by imprisonment for the term from five up to ten years or life imprisonment.

Article 111. Racial discrimination (apartheid)

111.0. The acts accomplished with a purpose of the organization and maintenance of superiority of one racial group for destroying of other racial group :

111.0.1. denying of a members right of racial group or groups on life and freedom, that is murder of members of racial group or groups, drawing of heavy harm to their health or serious harm to mental faculties, application to them of tortures or reference severe, brutal or humiliating advantage and punishments, as well as any arrest or illegal imprisonment ;
111.0.2. creation for racial group or groups of the living conditions designed for their full or partial physical destruction ;
111.0.3. realization of any legislative or other action with a purpose, of hindrance to participation of racial group or groups in political, social, economic and cultural life of the country, to development of such group or groups by denying belonging to members of this group or groups of rights and freedom of a person, including a right to work, creation of trade unions, education, departure and entrance to the country, citizenship, a freedom to move and a choose of a residence, idea and word, associations and assemblies ;
111.0.4. implementation of any measures, including legislative, with the purpose of division of a population into racial groups by means of creation of reservoirs and ghetto, prohibitions of mixed marriages between various racial groups, forced take of ground areas belonging to racial group or groups or their members without their consent ;
111.0.5. operation of work of persons belonging to racial group or groups ;
111.0.6. prosecution of organizations and persons opposing apartheid, by means of deprivation of their right and freedom
shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

Article 112. Imprisonment in infringement of international law norms

Arrest or other imprisonment of persons, in infringement of international law norms
shall be punished by imprisonment for the term from five up to eight years.

Article 113. Application of tortures

Causing of a physical pain or mental sufferings to detained persons or persons, or other restrictions of freedom
shall be punished by imprisonment for the term from seven up to ten years.

RELEVANT ROME STATUTE PROVISIONS

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.