'Genocide' in document 'Timor-Leste - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PART

TITLE VI
PRESCRIPTION OF CRIMINAL LIABILITY

CHAPTER III
EXEMPTION FROM STATUTE OF LIMITATIONS

Article 117. Crimes of genocide, crimes against peace and humanity and war crimes

There is no prescription on criminal prosecution and sentences relating to crimes of genocide, crimes against peace and humanity and war crimes.

BOOK II
SPECIAL PART

TITLE I
CRIMES AGAINST PEACE AND HUMANITY

CHAPTER I
CRIMES OF GENOCIDE AND CRIMES AGAINST HUMANITY

Article 123. Genocide

1. Any person who, with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, commits any of the following :

a) Homicide or offence against the physical or mental integrity of members of the group;
b) By whatever means, acts that prevent members of the group from procreating or giving birth ;
c) Rape, sexual enslavement, forced prostitution, forced pregnancy, forced sterilization or any other form of sexual violence of comparable seriousness ;
d) Separation of members of the group into another group by violent means ;
e) Acts that prevent the group in a violent manner from settling or remaining in a geographic space that is, by tradition or historically, recognized as their own ;
f) Subjection of the group to cruel, degrading or inhumane conditions of existence and treatment, which may cause its total or partial destruction ;
g) Widespread confiscation or seizure of property owned by members of the group ;
h) Prohibition of members of the group from carrying out certain trade, industrial or professional activities ;
i) Spread of an epidemic that may cause the death of members of the group or offences to their physical integrity ;
j) Prohibition, omission or hindrance by any means from providing members of the group with humanitarian assistance required to combat epidemic situations or severe food shortages; is punishable with 15 to 30 years imprisonment.

2. Any person who, publicly and directly, incites the commission of any of the aforementioned acts is punishable with 5 to 15 years imprisonment.

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:
(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.