Genocide under municipal laws
The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG) came into effect in January 1951. Article 5, 6 and 7 of the CPPCG cover obligations that sovereign states that are parties to the convention must undertake to enact:
Art. 5: The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention, and, in particular, to provide effective penalties for persons guilty of genocide or any of the other acts enumerated in article III.
Art. 6: Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.
Art. 7 Genocide and the other acts enumerated in article III shall not be considered as political crimes for the purpose of extradition.
The Contracting Parties pledge themselves in such cases to grant extradition in accordance with their laws and treaties in force.
|Chap. 1, Crimes Against Humanity, of the Criminal Code||See Genocide Law (Albania, 1995)|
|Genocide Act, Laws, Vol. 4.|
|Article 393 of the Criminal code.|
|Genocide Convention Act 1949.
International Criminal Court (Consequential Amendments) Act 2002
|Paragraph 321 of the Strafgesetzbuch 1974.||Austrian law classifies all acts intended to annihilate a national, ethnic or religious group partially or in its entirety, create circumstances suitable to cause such events, create sterility in the group or other measures intended to prevent wilful procreation, or forcefully abducting children of said group to integrate them into another as genocide, with a statutory sentence of life imprisonment. Conspiracy to commit such acts carries a penalty of one to ten years imprisonment.|
|Article 103 and 104 of the Criminal Code.|
|Decree No. 4 of 1990 (on genocide).|
|International Crimes (Tribunals) Act 1973.|
|Genocide Act, chapter 133A.|
|Article 127 of the Criminal Code.|
|Law on serious violations of international humanitarian law, 10 February 1999.||In 1993 Belgium had adopted universal jurisdiction, allowing prosecution of genocide, committed by anybody in the world. The practice was widely applauded by many human rights groups, because it made legal action possible to perpetrators who did not have a direct link with Belgium, and whose victims were not Belgian citizens or residents. Ten years later in 2003, Belgium repealed the law on universal jurisdiction (under pressure from the United States). However, some cases which had already started continued. These included those concerning the Rwandan genocide, and complaints filed against the Chadian ex-President Hissène Habré.
In a Belgium court case lodged on 18 June 2001 by 23 survivors of the 1982 Sabra and Shatila massacre, the prosecution alleged that Ariel Sharon, former Israeli defence minister (and Israel's Prime Minister in 2001–2006), as well as other Israelis committed a number of crimes including genocide, because "all the constituent elements of the crime of genocide, as defined in the 1948 Convention and as reproduced in article 6 of the ICC Statute and in article 1§1 of the law of 16 June 1993, are present". This allegation was not tested in Belgium court because on 12 February 2003 the Court of Cassation (Belgian Supreme Court) ruled that under international customary law, acting heads of state and government can not become the object of proceedings before criminal tribunals in foreign state (although for the crime of genocide they could be the subject of proceedings of an international tribunal). This ruling was a reiteration of a decision made a year earlier by the International Court of Justice on 14 February 2002. Following these ruling in June 2003 the Belgian Justice Ministry decided to start a procedure to transfer the case to Israel.
|Article 138 of the Código Penal.|
|Article 141 of the Penal Code.||List of Bosnian genocide prosecutions#The Court of Bosnia and Herzegovina|
|Law No. 2.889 of 1 October 1956.||The Helmet Massacre of the Tikuna people took place in 1988, and was initially treated as homicide. Since 1994 it has been treated by the Brazilian courts as a genocide. Thirteen men were convicted of genocide in 2001. In November 2004 at the appeal before Brazil's federal court, the man initially found guilty of hiring men to carry out the genocide was acquitted, and the other men had their initial sentences of 15–25 years reduced to 12 years.
In a news letter published on 7 August 2006 the Indianist Missionary Council reported that: "In a plenary session, the [Brazilian] Supreme Federal Court (STF) reaffirmed that the crime known as the Haximu Massacre [perpetrated on the Yanomami Indians in 1993] was a genocide and that the decision of a federal court to sentence miners to 19 years in prison for genocide in connection with other offenses, such as smuggling and illegal mining, is valid. It was a unanimous decision made during the judgement of Extraordinary Appeal (RE) 351487 today, the 3rd, in the morning by justices of the Supreme Court". Commenting on the case the NGO Survival International said "The UN convention on genocide, ratified by Brazil, states that the killing 'with intent to destroy, in whole or in part, a national, ethnical, racial or religious group' is genocide. The Supreme Court's ruling is highly significant and sends an important warning to those who continue to commit crimes against indigenous peoples in Brazil."
|Article 416 on Genocide, of the Criminal Code.|
|Article 313 of the Code Pénal.|
|In 2003 the transitional parliament in Burundi passed a law, introduced to parliament by the Burundian Foreign Minister Therence Sinunguruzaa, chiefly aimed at preventing genocide.|
|Law for prosecuting crimes committed from 1975 to 1979.|
|Act on genocide and war crimes, Article 318 on Advocating Genocide.||In Canada the Crimes Against Humanity and War Crimes Act makes it an offence under Canadian law to commit genocide, whether inside or outside Canada. A person may be charged under this law if, at the time of the crime, the perpetrator was a Canadian citizen or was employed by Canada, if the victim was a Canadian citizen or a citizen of a country allied to Canada, if the perpetrator was a citizen of, or employed by, a country that Canada was engaged in armed conflict with or if, at any time after committing the crime, the perpetrator enters Canadian territory.|
|Hong Kong, Section 9A, Offences Against Person Ordinance, Cap. 212 - genocide. Macau, Article 230 (Genocide).|
|Articles 101 & 102 of the Código Penal.|
|Article 127 of the Código Penal (14 April 1998).||The law includes political groups or social groups as a protected group.|
|Article 137 of the Code Pénal.|
|Article 156 of the Penal Code.|
|Article 361 of the Código Penal.|
|Uw 59/ 1980.|
|Article 259 of the Penal Code.|
|Law Nr. 132 of 29 April 1955.|
|Article 361 of the Código Penal.|
|Article 91 of the Karistusseadustik eriosa.|
|Article 281 of the Penal Code of 1957.|
|Chapter 34 (Genocide) of the Penal Code.|
|Criminal Code||Genocide has been criminalized as a separate crime in Finland since 1995 and carries a penalty from 4 years to life sentence. In addition to actual killing, the description of the crime (joukkotuhonta) covers also cultural assimilation by means of separating children from their original national, ethnic, racial or religious group. Attempted genocide or planning it are punishable. Genocide, as a number of other crimes of international nature is inside Finnish universal jurisdiction, but under Chapter 1, Section 12 of the Criminal Code, incidents of it abroad may not be investigated unless the Prosecutor General gives an order to do this.
In 2010 a Rwandan refugee, François Bazaramba was convicted to life in prison for participation in the Rwandan genocide.
|Article 211-1 of the Code Pénal.||The French law defines "a group determined by any arbitrary criteria" which is far broader than that found in the CPPCG.|
|Article 651 (genocide) of the penal code|
|Article 220a of the Strafgesetzbuch (1954), superseded by article 6 of the Völkerstrafgesetzbuch (2002).||Prior to the 2007 ICJ ruling on the Bosnian Genocide Case German courts handed down several convictions for genocide during the Bosnian War.
Novislav Djajić was indicted for participation in genocide, but the Bavarian Higher Regional Court failed to find beyond a reasonable doubt that he had intended to commit genocide. He was found guilty of 14 cases of murder and one case of attempted murder, receiving a sentence of 5 years imprisonment. At Djajic's appeal on 23 May 1997, the Bavarian Appeals Court found that acts of genocide were committed in June 1992, though confined within the administrative district of Foča.
The Higher Regional Court (Oberlandesgericht) of Düsseldorf, in September 1997, handed down a genocide conviction against Nikola Jorgić, a Bosnian Serb from the Doboj region who was the leader of a paramilitary group located in the Doboj region. He was sentenced to four terms of life imprisonment for his involvement in genocidal actions that took place in regions of Bosnia and Herzegovina, other than Srebrenica.
On 29 November 1999, the Higher Regional Court (Oberlandesgericht) of Düsseldorf condemned Maksim Sokolović to 9 years in prison for aiding and abetting the crime of genocide and for grave breaches of the Geneva Conventions".
|Criminal Code (Amendment) Act, 1993 Section 1: Genocide|
|Article 376 of the Código Penal|
|Article 155 of the Penal Code|
|Article 26 Tahun – Pasal 8 – genosida|
|statute of the Iraqi Special Tribunal, issued 10 December 2003|
|Ireland's Genocide Act of 1973|
|Israeli Law on the Crime of Genocide, 5710 -1950|
|law on Genocide of 9 October 1967, n. 962|
|Offenses against the person (amendment) 1968, s. 33|
|Penal Code Article 52 (Genocide)|
|Article 373 of the Criminal Code|
|Article 71 of the Penal Code|
|Article 321 of the Penal Code|
|Article 99 of the Criminal Code|
|Genocide law, 8 August 1985|
|Article 30 of the Code Pénal|
|Article 149 of the Código Penal|
|International Crimes and ICC Act of 6 September 2000.|
|Act Implementing the Conv. on Genocide, 2 July 1964.||Dutch law restricts prosecutions for genocide to its nationals. On December 23, 2005 a Dutch court ruled in a case brought against Frans van Anraat for supplying chemicals to Iraq, that "[it] thinks and considers legally and convincingly proven that the Kurdish population meets the requirement under the genocide conventions as an ethnic group. The court has no other conclusion: that these attacks were committed with the intent to destroy the Kurdish population of Iraq" and because he supplied the chemicals before 16 March 1988, the date of the Halabja poison gas attack, he is guilty of a war crime but not guilty of complicity in genocide.|
|Article 549 & 550 of the Código Penal.|
|Article 311 of the Código Penal.|
|Articulo 319 9 of the Código Penal.|
|Title XIV (Law # 26926 (Article 129 of the Código Penal)).||The law includes political groups or social groups as a protected group.|
|Article 118 of the Kodeks Karny (penal code).|
|Article 239 of the Codigo Penal.||The law includes political groups or social groups as a protected group.|
|Law No. 8 - 98 of 31 October 1998 on genocide, war crimes and crimes against humanity.|
|Article 356 of the Penal Code.|
|Article 357 of the Federal Criminal Code.|
|Organic Law No. 08/96 on Genocide and Crimes Against Humanity.|
|Article 370 of the Krivični zakonik (2005).|
|Genocide Act of 1969.|
|Article 52 (Genocide) of the Penal Code.|
|Articles 259-265 of the Criminal Code.|
|Chapter 35, art. 373 and 378 of the Penal Code, 1994.|
|Implementation of the Rome Statute of the International Criminal Court Act 27 (12 July 2002).|
|Article 607 of the Código Penal, Ley Orgánica 10/1995, 23 November.||Under Spanish law, judges have the right to try foreigners suspected of genocidal acts that have taken place outside Spain. In June 2003 Spanish Judge Baltasar Garzón jailed Ricardo Miguel Cavallo, (also known as Miguel Angel Cavallo), a former Argentine naval officer, extradited from Mexico to Spain pending his trial on charges of genocide and terrorism relating to the years of Argentina's military dictatorship. On 29 February 2008, the Spanish agreed to extradite Cavallo to Argentina where he is charged with crimes against humanity. He still faces a trial in Spain on genocide charges at some later date.
In 1999, Nobel peace prize winner Rigoberta Menchú brought a case against the military leadership in a Spanish Court. Six officials, among them Efraín Ríos Montt and Oscar Humberto Mejia, were formally charged on 7 July 2006 to appear in the Spanish National Court after Spain's Constitutional Court ruled in 2005 that Spanish courts can exercise universal jurisdiction over war crimes committed during the Guatemalan Civil War (1960–1996)
On 11 January 2006 it was reported that the Spanish High Court would investigate whether seven former Chinese officials, including the former President of China Jiang Zemin and former Prime Minister Li Peng participated in a genocide in Tibet. This investigation followed a Spanish Constitutional Court (26 September 2005) ruling that Spanish courts could try genocide cases even if they did not involve Spanish nationals. The court proceedings in the case brought by the Madrid-based Committee to Support Tibet against several former Chinese officials was opened by the Judge on 6 June 2006, and on the same day China denounced the Spanish court's investigation into claims of genocide in Tibet as an interference in its internal affairs and dismissed the allegations as "sheer fabrication". The case was shelved in 2010, following a law passed in 2009 that restricted High Court investigations to those "involving Spanish victims, suspects who are in Spain, or some other obvious link with Spain". The judicial rules in place in Spain before passed this law had irritated many other countries such as Israel, who's officials had faced possible prosecution.
|Constitution of Suriname of 1987: Chapter IV: International principles:Article 7.4.|
|Article 169 of the Lagboken (Act of 20 March 1963).||In Sweden genocide was criminalized in 1964. According to the Swedish law any act intended to destroy, in whole or in part, a national, ethnic, racial or religious group, as such, and which is punished according to the criminal act is punished as genocide and carries a penalty from 4 years to life sentence. The Swedish legislation simply noticed that any severe common crime which is committed in order to destroy an ethnic group can be considered genocide, no matter what specific crime it is. Also intent, preparation or conspiring to genocide, and also failure to reveal such a crime is punishable as specified in penal code chapter 23, which is applicable to all crimes.|
|Article 264 of the Penal Code.|
|Crimes Against the Peace and Security of Mankind.|
|Genocide Act, 1969.|
|Genocide Act, 1977.|
|Article 52 (Genocide) of the Penal Code.|
|Article 442 on Genocide, of Criminal Code.|
|The Genocide Act 1969, superseded by the International Criminal Court Act 2001.||The United Kingdom has incorporated the International Criminal Court Act into domestic law. It was not retroactive so it applies only to events after May 2001 and genocide charges can be filed only against British nationals and residents. According to Peter Carter QC, chairman of the Bar's human rights committee "It means that British mercenaries who support regimes that commit war crimes can expect prosecution". The Coroners and Justice Act 2009, altered the ICC ACT so that prosecutions could be taken against anyone in the UK from January 1991 — The date from which the International Criminal Tribunal for the former Yugoslavia had jurisdiction to try offences under the Tribunal’s Statute adopted by the United Nations Security Council.|
|Chapter 50A of the United States Code.||United States federal law recognizes the crime of genocide where it was committed within the U.S. or by a national of the U.S. A person found guilty of genocide can face the death penalty or life imprisonment. Persons found guilty of genocide may be denied entry or deported from the U.S.|
References and notes
- "Convention on the Prevention and Punishment of the Crime of Genocide: Approved and proposed for signature and ratification or accession by General Assembly resolution 260 A (III) of 9 December 1948: entry into force 12 January 1951, in accordance with article XIII". United Nations High Commissioner for Human Rights. Office of the United Nations High Commissioner for Human Rights. 1997. Archived from the original on 8 April 2000.
- "The Crime of Genocide in Domestic Laws and Penal Codes: Organized by Global Region". Prevent Genocide International. 6 May 2004. Retrieved 19 January 2017.
- "Criminal Code of the Republic of Albania, Special Part, Chap. 1, Crimes Against Humanity". Prevent Genocide International. 1 June 1995. Retrieved 29 January 2017.
- "Australia's Genocide Convention Act No. 27, 1949". Prevent Genocide International. 12 July 1949. Retrieved 29 January 2017.
- "Österreichiches Recht: Völkermord § 321" [Austrian Law: Genocide Article 321] (in German). Prevent Genocide International. Retrieved 30 January 2017.
- "Loi relative à la répression des violations graves du droit international humanitaire" [Law on the punishment of serious violations of international humanitarian law] (in French). Prevent Genocide International. 10 February 1999. Retrieved 30 January 2017.
- Belgium: Universal Jurisdiction Law Repealed web page on Human Rights Watch 1 August 2003
- "The Case Against The Accused". indictsharon.net, the website of the International Campaign for Justice for the Victims of Sabra & Shatila. 2001. Archived from the original on 2 February 2002.
...Ariel Sharon, former Israeli defense minister and Israel's current prime minister, as well as other Israelis and Lebanese with war crimes...
- "The complaint against Ariel Sharon Lodged in Belgium on 18 June 2001" (PDF). indictsharon.net. June 2001. Archived from the original (PDF) on 9 June 2003.
- "Belgian Court of Cassation (English translation of Belgian Supreme Court Decision- unauthorised)" (PDF). indictsharon.net. 12 February 2003. Archived from the original (PDF) on 25 July 2004.
- Chibli Mallat, Michael Verhaeghe, Luc Walleyn and Laurie King-Irani The February 2003 Decision of the Belgian Supreme Court Explained on the website of [indictsharon.net], 19 February 2003
- Osbor, Andrew (14 February 2002). "Sharon cannot be tried in Belgium, says court". Brussels: The Guardian. Archived from the original on 16 January 2014.
- Luc Walleyn, Michael Verhaeghe, Chibli Mallat. Statement of the Lawyers for the Survivors of Sabra and Shatila in reaction to the Belgian Justice Ministry's decision to start the procedure of transferring the case to Israel 15 June 2003.
- "Artículo §138 del Codigo Penal de Bolivia" [Article §138 of the Criminal Code of Bolivia] (in Spanish). Prevent Genocide International. Retrieved 30 January 2017.
- "Law N°2.889, of 1 October of 1956". Prevent Genocide International. 1 October 1956. Retrieved 30 January 2017.
- "Brazilian Justice Acquits Man Sentenced for 1988 Massacre of Indians". Brazzil Magazine. Cimi – Indianist Missionary Council. 12 November 2004. Archived from the original on 9 February 2005.
- "Supreme Court upholds genocide ruling". Survival International. 4 August 2006. Retrieved 31 January 2017.
- "Federal Court is competent to judge the Haximu genocide". Indianist Missionary Council, Newsletter. 7 August 2006. Archived from the original on 9 July 2007.
- "Criminal Code of Bulgaria, Article 416: Genocide". Prevent Genocide International. Retrieved 30 January 2017.
- "Law N° 043/96/ADP of November 13, 1996 bearing Penal code". Prevent Genocide International. 13 November 1996. Retrieved 30 January 2017.
- "Burundi approves genocide law". BBC. 16 April 2003. Retrieved 30 January 2017.
- "NS/RKM/0801/12: Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed During the Period of Democratic Kampuchea" (PDF). cambodia.gov.kh. 10 August 2001. Archived from the original (PDF) on 12 December 2003.
- "Genocidio - Artículo 101 y 102 del Codigo Penal de Colombia" [Genocide - Articles 101 and 102 of the Colombian Criminal Code] (in Spanish). Prevent Genocide International. Retrieved 30 January 2017.
- "Genocidio - Artículo 127 del Codigo Penal de Costa Rica" [Genocide - Article 127 of the Criminal Code of Costa Rica] (in Spanish). Prevent Genocide International. 14 April 1998. Retrieved 30 January 2017.
- Naomi Klein. The Shock Doctrine: The Rise of Disaster Capitalism, Macmillan, 2007 ISBN 0-8050-7983-1, ISBN 978-0-8050-7983-8. p. 101, see footnote
- "Code Pénal ( Côte d'Ivoire, Ivory Coast ); Article 137-- génocide" [Penal Code (Côte d'Ivoire, Ivory Coast); Article 137 - genocide] (in French). Prevent Genocide International. Retrieved 30 January 2017.
- "Genocidio - Artículo 116 del Codigo Penal de Cuba" [Genocide - Article 116 of the Criminal Code of Cuba] (in Spanish). Prevent Genocide International. Retrieved 30 January 2017.
- "Ceska Republika - Trestni zakon, S259. Genocidium" [Czech Republic - Penal Code, S259. Genocide] (in Czech). Prevent Genocide International. Retrieved 30 January 2017.
- "Danmark - Lov nr. 132 af 29.04.1955 om straf for folkedrab" [Denmark - Law no. 132 of 29.04.1955 on punishment for genocide] (in Danish). Prevent Genocide International. 29 April 1955. Retrieved 30 January 2017.
- "GENOCIDIO Art. 361. del Código Penal de La Republica de El Salvador (Decreto Nº 1030)" [GENOCIDE Art. 361. of the Penal Code of the Republic of El Salvador (Decree No. 1030)] (in Spanish). Prevent Genocide International. Retrieved 30 January 2017.
- "Estonian Criminal Code - Article § 611" (in Estonian). Prevent Genocide International. 9 November 1994. Retrieved 30 January 2017.
- "Article 281 of the Ethiopian Penal Code". Prevent Genocide International. 1957. Retrieved 30 January 2017.
- "Chapter VIII of the Fiji Islands Penal Code". Prevent Genocide International. 1969. Retrieved 30 January 2017.
- "Criminal Code" (PDF) (in Finnish). Ministry of Justice of Finland. Retrieved 23 March 2017.
- Kimpimäki, Minna (1 September 2001). "Universal jurisdiction in the European Union: Finland" (PDF). redress.org. Retrieved 31 January 2017.
- "Ruandalaispastorille elinkautinen joukkotuhonnasta" [Rwandan pastor gets life sentence for genocide]. Yle Uutiset (in Finnish). 30 March 2012. Archived from the original on 31 March 2012.
- "Code Pénal (France); Article 211-1 -- génocide" [Penal Code (France); Article 211-1 - genocide] (in French). Prevent Genocide International. Retrieved 31 January 2017.
- "Deutsche Strafgesetze, §220a Völkermord" [German Penal Code, §220a Genocide] (in German). Prevent Genocide International. Retrieved 31 January 2017.
- "Trial Watch: Novislav Djajic". TRIAL (track impunity always). Archived from the original on 12 October 2007.
- "Prosecutor v. Radislav Krstic - Trial Chamber I - Judgment - IT-98-33 (2001) ICTY8 (2 August 2001)], The International Criminal Tribunal for the Former Yugoslavia, paragraph 589. citing Bavarian Appeals Court, Novislav Djajic case, 23 May 1997, 3 St 20/96, section VI, p. 24 of the English translation".
- "Trial Watch: Nikola Jorgic". TRIAL (track impunity always). Archived from the original on 13 October 2007.
- "Trial Watch: Maksim Sokolovic". TRIAL (track impunity always). Archived from the original on 13 October 2007.
- Penketh, Anne; Robert Verkaik (24 December 2005). "Dutch court says gassing of Iraqi Kurds was 'genocide'". The Independent. Archived from the original on 28 December 2005.
- "Dutch man sentenced for role in gassing death of Kurds". CBC. 23 December 2005. Retrieved 31 January 2017.
- "Artículo §607 del Codigo Penal" [Article §607 of the Penal Code] (in Spanish). Prevent Genocide International. Retrieved 31 January 2017.
- Wilson, Richard (1996). "Spanish Criminal Prosecutions Use International Human Rights Law to Battle Impunity in Chile and Argentina". Ko'aga Roñe'eta. III. derechos.org. Retrieved 31 January 2017: See footnote 14
- Daly, Emma (30 June 2003). "Spanish Judge Sends Argentine to Prison on Genocide Charge". New York Times. Retrieved 30 January 2017.
- "Profile: Judge Baltasar Garzon". BBC. 7 April 2010. Retrieved 30 January 2017.
- Jason Webb, Spain to extradite "Dirty War" Argentine officer, Reuters, 29 February 2008
- Spain authorizes Cavallo's extradition to Argentina, People's Daily, 1 March 2008 cites Xinhua
- Yoch, Jr., James M. (8 July 2006). "Spain judge charges ex-generals in Guatemala genocide case". JURIST. University of Pittsburgh School of Law. Archived from the original on 6 March 2010.
- Spanish courts to investigate if a genocide took place in Tibet.
- "World in Brief: Lawyers take China to court". The Times. 7 June 2006. Archived from the original on 11 March 2007.
- Alexa Olesen China rejects Spain's 'genocide' claims in The Independent 7 June 2006
- "Spanish court shelves Tibet human rights case against China". Madrid: phayul.com. Deutsche Presse-Agentur. 26 February 2010. Retrieved 6 September 2010.
- "Sverige Lagboken (Sweden) § 169 folkmord" [Statute Book (Sweden) § 169 genocide] (in Swedish). Prevent Genocide International. 1964. Retrieved 29 January 2017.
- Frank Chalk: The United Kingdom Genocide Act of 1969: Origins and Significance
- Bar Human Rights Committee "is the international human rights arm of the Bar of England and Wales. It is an independent body primarily concerned with the protection of the rights of advocates and judges around the world."
- UK: As originally enacted, the ICC Act 2001 presented two loopholes. First, those involved in the genocide in Rwanda and atrocities in the Former Yugoslavia could not be prosecuted, as the crimes happened before 2001. Second, the law applied only to people who were legally defined as resident in the UK, i.e.it did not apply to anyone on student, business, tourist, academic or skilled / domestic worker visas, or anyone who has been refused asylum under Article 1F(a) of the Refugee Convention but who cannot be returned home for fear of persecution. The Coroners and Justice Act 2009 s.70 amends the ICC Act 2001, and it closes these two loopholes (by adding s.65A and s.67A to the ICC Act). It gives jurisdiction from 1 January 1991, which is the date from which the International Criminal Tribunal for the former Yugoslavia had jurisdiction to try offences under the Tribunal's Statute adopted by the United Nations Security Council. The law has also been extended to cover the categories of persons not legally resident set out above (https://web.archive.org/web/20090730070348/http://www.aegistrust.org/Parliamentary-work/no-safe-haven-gaps-in-uk-law-on-international-crimes.html No safe haven: gaps in UK law on international crimes], Aegis Trust, Accessed 18 March 2010).
- 18 U.S.C. § 1091.
- 8 U.S.C. § 1101, § 1182, § 1227