PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

1. GENERAL PART

Article 5:
Superior orders and proscription of law

1. The fact that a crime included in art. 7 and 8 of the present Law has been committed by a person pursuant to an order of a superior, whether military or civilian, shall not relieve that person of criminal responsibility.

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

Article 8
Crimes against humanity

1. Anyone who, in the context of a widespread or systematic attack directed against any
civilian population, which is directed or encouraged by a state or an organization which exercises de facto authority in a certain territory:
a) Commits willful killing,
b) intentionally inflicts upon a population (in whole or in part) conditions of life, calculated to bring about the destruction of the population,
c) Commits slave trade (art. 323 Cr.C.), trafficking of human beings (art. 323A Cr. C.) or white slavery (art. 351 Cr. C.),
d) Deports or forcibly transfers or displaces one or more persons by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law,
e) Subjects a person who is under his control to acts of torture (art. 137A Cr. C.),
f) Commits rape (art. 336 Cr. C.) or enforced prostitution (art. 349 Cr. C.) or enforced sterilization or unlawfully confines a woman made pregnant forcibly or with the use of threat of force , with the intent of affecting the ethnic composition of any population,
g) Commits enforced disappearance in order to remove a person from the protection of the law for a prolonged period of time by:
(aa) abducting him or her with the authorization, support or acquiescence of, a State or a political organization, or depriving his or her freedom of movement in any other manner, followed by a refusal to acknowledge that or to give information on the fate or whereabouts of those persons, or
(bb) refusing, following orders of a state or a political organization or contravening a legal obligation, to give promptly information on the fate or whereabouts of the persons against whom the above, under (aa), acts where committed or by providing false information.
h) Deprives any identifiable group or collectivity of their fundamental human rights on political, racial, national, ethnic, cultural, religious or gender grounds, that are universally recognized as impermissible under international law, if this act facilitates the commission of any of the crimes enumerated in art. 7-15 of the present law,
i) Causes grave bodily or mental harm (art. 310 par. 2 Cr. C.),
j) Imprisons or otherwise deprives the liberty of a person,

shall be sentenced to the following penalties:
(aa) Life sentence for the crime of subpar. (a)
(bb) A term of incarceration of at least 10 years, in cases of crimes of the subpar. (b)-(g) (cc) A term of incarceration of at least 5 years, in cases of crimes of the subpar. (h)-(i).
For the crimes of subpar. (c), the court shall also impose a fine ranging from 20.000-200.000 euros.

2. In cases of the crimes proscribed in subpar. (b)-(i) of the preceding par., if they result to
the death of a person, the following sentences shall be imposed:
(aa) instead of a term of incarceration of at least ten years, the penalty of life imprisonment and
(bb) instead of a term of incarceration (5-20 years), the penalty of incarceration of at least ten years.

3. Anyone who commits any of the crimes enumerated in par. 1, with the intention to
maintain an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups, shall be sentenced to a term of incarceration of at least 10 years, unless a heavier sentence applies, according to other penal 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.