Act Relating To Serious Violations Of Law International Humanitarian (1)

Original Language Title: Loi relative aux violations graves du droit international humanitaire (1)

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Posted the: 2003-08-07 Numac: 2003021182 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE and SERVICE PUBLIC FÉDÉRAL JUSTICE 5 August 2003. -Act on serious violations of international humanitarian law (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER II. -Changes of the Code penal Art. 2. article 43quater, § 1, has), the penal Code, inserted by the law of 19 December 2002, is replaced as follows: ' has) either one or several offences: 1 ° in article 136sexies and to the point 1 ° of article 136septies;
2 ° in articles 246 to 251 and article 323;
3 ° 504bis and 504ter articles and article 323;
4 ° in article 2bis, § 1, of the law of 24 February 1921 regarding the traffic of poisonous, soporific, narcotic, disinfectant or antiseptic substances provided that the facts relate to import, export, manufacture, sale or offering for sale of the substances referred to in this article, or § 3, b) or in § 4, b) of the Act;
5 ° to article 77A, § 2 or § 3 of the Act of 15 December 1980 on access to the territory, residence, establishment and removal of foreigners.
6 ° article 10, § 1, 2 °, of the law of July 15, 1985 on the use of substances having a hormonal, anti-hormonal effect, beta-adrenergic effect or stimulatory effect of production in animals. ».
S. 3 article 70 of the same Code, "There's no offense" shall be replaced by the words "Except with respect to the offences defined in book II, title Ibis, there is no offence".
S. 4 under article 91 of the Code, the words "criminal penalties be prescribed" are replaced by the words "Except for the penalties for the offences defined in articles 136A, 136ter and 136quater, the criminal penalties be prescribed".
S.
5. it is inserted in book II of the Code after title I, a title IA, comprising articles 136A to 136octies, as follows: 'title Ibis. -Serious violations of international humanitarian law. » Art. 6. an article 136A shall be added to Title IA of book II of the Code, as follows: «art.» 136A. constitutes a crime under international law and is punishable in accordance with the provisions of this title, the crime of genocide, as defined below, whether committed in time of peace or in time of war. In accordance with the Convention on the prevention and punishment of the crime of genocide of 9 December 1948, and without prejudice to the criminal provisions applicable to offences committed by negligence, the crime of genocide means any of the following acts committed with intent to destroy, in whole or in part, national, ethnic, racial or religious as such: 1 ° killing members of the Group;
2 ° reached serious harm to the physical or mental harm to members of the Group;
3 ° deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or partial;
4 ° measures intended to prevent births within the Group;
5 ° forcibly transferring children of the group to another group. ».
S. 7. a 136ter article is inserted in the same title, as follows: «art.» 136ter. is a crime under international law and is punishable in accordance with the provisions of this title, the crime against humanity, as defined below, whether committed in time of peace or in time of war. In accordance with the Statute of the International Criminal Court, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack against any civilian population, with knowledge of the attack: 1 ° killing;
2 ° extermination;
3 ° reduction to slavery;
4 ° deportation or forcible transfer of population;
5 ° imprisonment or other form of severe deprivation of physical liberty in violation of the basic provisions of international law;
6 ° torture;
7 ° rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
8 ° persecution of any group or collectivity identifiable agenda political, racial, national, ethnic, cultural, religious or gender or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in articles 136A, 136ter and 136quater;
9 ° enforced disappearance of persons;
10 ° crime of apartheid;
11 ° other inhumane acts of a similar character causing intentional great suffering or serious injury to the physical integrity or the physical or mental health. ».
S. 8. a 136quater article is inserted in the same title, as follows: «art.» 136quater. § 1.
Constitute crimes of international law and are punishable in accordance with the provisions of this title, war crimes referred to in the Conventions adopted at Geneva on 12 August 1949 and Protocols I and II additional to those Conventions, adopted in Geneva on 8 June 1977 by the laws and customs applicable in armed conflict, as defined in section 2 of the Conventions adopted at Geneva on 12 August 1949 (, in article 1 of Protocols I and II adopted at Geneva on 8 June 1977 additional to these Conventions, as well as to article 8, § 2, f) of the Statute of the Criminal Court International, and listed below, when these crimes affect, by action or omission, for the protection of persons and property respectively guaranteed by these Conventions, protocols, laws and customs , without prejudice to the criminal provisions applicable to offences committed by negligence: 1 ° the intentional homicide;
2 ° the torture or other inhuman treatment, including biological experiments;
3 ° the fact of wilfully causing great suffering or serious injury to the physical integrity or health;
4 ° the rape, sexual slavery, enforced prostitution, forced pregnancy, sterilisation or any other form of sexual violence constituting a grave breach of the Geneva Conventions or a serious violation of article 3 common to the Conventions.
5 ° other violations of human dignity, including humiliating and degrading treatment;
6 ° the fact of forcing them to serve in the armed forces or groups armed of the hostile power or the opposing party a prisoner of war, a civil person protected by the Convention on the protection of civilian persons in time of war or a protected person in this same regard by Protocols I and II additional to the Geneva Conventions of 12 August 1949;
7 ° the fact to proceed to the conscription or enlistment of children under 15 in armed forces or armed groups, or to participate actively in hostilities;
8 ° the fact of depriving a prisoner of war, a civil person protected by the Convention on the protection of civilian persons in time of war or a protected person in this same regard, by Protocols I and II additional to the Geneva Conventions of 12 August 1949, of his right to be judged regularly and impartially according to the provisions of these instruments;
9 ° the deportation, transfer or illicit movement, the illegal detention of a civil person protected by the Convention on the protection of civilian persons in time of war or a protected person in these same ways by the Protocols I and II additional to the Geneva Conventions of 12 August 1949;
10 ° the fact intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including intentionally preventing the sending of the relief provided for under the Geneva Conventions;
11 ° the taking of hostages;
12 ° the fact to destroy or seize the enemy, in the case of international armed conflict, or an opponent, in the event of armed conflict with an international character, except in cases where such destruction or seizure be imperatively demanded by the military needs;
13 ° the destruction and appropriation of property, not justified by military necessity such as allowed by the law of the people and executed on a large scale and wantonly;
14 ° launching deliberate attacks against the civilian objects, i.e. of goods which are not military objectives;
15 ° launching deliberate attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems by humanitarian international law; in accordance with international law,
16 ° the fact of using the presence of a civilian or someone else protected by international humanitarian law to ensure that certain points, areas or military forces are not the target of military operations;
17 ° throwing directing attacks against personnel, installations, material, units or vehicles used on a humanitarian mission or peacekeeping in accordance with the Charter of Nations United, provided that they have a right to privacy that the international law of armed conflicts guarantees civilians and civilian objects;
18 ° the acts and omissions, not legally justified, which are likely to jeopardize the health and physical or mental integrity of persons protected by international humanitarian law, including any medical act which would not be justified by the State of health of these persons or would not conform to the

rules of the medical art generally recognized;
19 ° unless they are justified under the conditions laid down in 18 °, acts of practicing on the persons referred to 18 °, even with their consent, physical mutilations, medical or scientific experimentation or samples of tissue or organs for transplants, unless it's donations of blood for transfusion or skin for grafts donations provided that these donations are voluntary, made and intended for therapeutic purposes;
20 ° subjecting to a deliberate attack the civilian population or civilian persons who take no direct part in hostilities;
21 ° launching a deliberate attack against places where the sick and wounded are collected provided that these places are not military objectives;
22 ° throwing a deliberate attack knowing it will cause loss of life, injury to civilians or damage to the civilian objects or the widespread, long-term and severe damage to the natural environment which would be excessive in relation to the concrete and direct military advantage anticipated, without prejudice to the crime of the attack whose harmful effects even proportionate to the military advantage anticipated, are incompatible with the principles of the law of Nations, as they result from the established usages, principles of humanity and the dictates of the public conscience;
23 ° launching an attack against works or installations containing dangerous forces in the knowledge that this attack will cause loss of life, injury to civilians or damage to civilian objects which would be excessive in relation to the military advantage concrete and direct anticipated, without prejudice of crime of the attack whose harmful effects even proportionate to the military advantage expected would be inconsistent with the principles of the right of people as they result from the established uses, principles of humanity and the dictates of the public conscience;
24 ° due to an attack or bombardment, by whatever means whatsoever, demilitarized zones or towns, villages, dwellings or not defended buildings which are not military objectives;
25 ° pillaging a town or place, even when taken by assault;
26 ° the fact of subjecting a person to an attack knowing the hors de combat on the condition that this attack causes death or injury;
27 ° the fact of killing or wounding treacherously individuals belonging to the nation or the enemy army or an opponent fighting;
28 ° declaring that it will not be made by District;
29 ° disingenuously using the distinctive sign of the Red Cross or Red Crescent or other protective signs recognized by international humanitarian law, on condition that this fact results in death or serious injury;
30 ° due to improperly use the parliamentary flag, flag or military insignia and uniform of the enemy or of the United Nations, on the condition that this causes the loss of life or serious injury;
31 ° transfer, direct or indirect, in an occupied part of the civilian population of the occupying power, in the case of an international armed conflict or of the occupying authority in the case of a non-international armed conflict;
32 ° the fact to delay unjustifiably the repatriation of prisoners of war or civilians;
33 ° does engage in the practices of apartheid or other inhuman or degrading practices based on racial discrimination and giving rise to outrages upon personal dignity;
34 ° directing attacks against historical monuments, works of art or places clearly recognized worship which constitute the cultural heritage of spiritual peoples and to which special protection has been granted under a special arrangement while there is no evidence of breach by the other party of the prohibition to use these assets in support of the military effort , and that these goods are not located in the immediate vicinity of military objectives;
35 ° the fact of directing attacks against buildings dedicated to religion, education, art, science or charitable giving, historic monuments, hospitals, for as much as these buildings are not military objectives;
36 ° the fact to use poison or poisoned weapons;
37 ° the fact of using asphyxiating, poisonous, or similar gases and all liquids, materials or similar gear;
38 ° using bullets which expand or flatten easily in the human body, such as bullets with a hard envelope covers not entirely the core or is pierced with incisions;
39 ° the fact of declaring abolished, suspended or inadmissible in court the rights and actions of persons belonging to the opposing party;
40 ° failure to employ weapons, projectiles, materials and methods of warfare that cause superfluous injury or unnecessary suffering or inherently indiscriminate in violation of the international law of conflict armed, provided that such weapons, projectiles, materials and methods of warfare are subject to a general prohibition and that they are listed in an annex to the Statute of the Criminal Court International.
§ 2. Constitute crimes of international law and are punishable in accordance with the provisions of the present title, serious violations of article 3 common to the Conventions signed at Geneva on 12 August 1949, in the event of armed conflict defined by article 3 common and listed below, when these violations infringe, by action or omission, for the protection of individuals guaranteed by these Conventions , without prejudice to the criminal provisions applicable to offences committed by negligence: 1 ° violations of privacy and bodily integrity, including the killing in all its forms, mutilation, cruel treatment and torture;
2 ° the violations to the dignity of the person, including humiliating and degrading treatment;
3 ° the taking of hostages;
4 ° the sentences and executions carried out without previous judgement made by a regularly constituted court, affording all the judicial guarantees generally recognized as indispensable.
§ 3. Constitute crimes of international law and are punished in accordance with the provisions of the present title, serious violations as defined in article 15 of the second Protocol to the Hague Convention of 1954 for the protection of the cultural in the event of armed conflict adopted at the Hague on 26 March 1999, committed in armed conflict, as defined in article 18 , §§ 1 and 2 of the Hague Convention of 1954 and article 22 of the second Protocol, supra, and listed below, when these offences are detrimental, by action or omission, to the protection of assets guaranteed by these Convention and Protocol, without prejudice to the penalties applicable to offences committed by negligence: 1 ° be a cultural property under enhanced protection the object of attack;
2 ° use cultural property under enhanced protection or its immediate surroundings in support of military action;
3 ° destroying or seizing on a large scale of cultural property protected by the Convention and the second Protocol. ».
S. 9. a 136quinquies article is inserted in the same title, as follows: «art.» 136quinquies. the offences listed in articles 136A and 136ter are punishable by life imprisonment.
The offenses listed in 1 °, 2 °, 15 °, 17 °, 20 ° to 24 ° and 26 ° to 28 ° of paragraph 1 of article 136quater are punishable by life imprisonment.
The offences listed in the 3 °, 4 °, 10 °, 16 °, 19 °, 36 ° to 38 ° and 40 ° of the same paragraph of the same article are punishable by imprisonment from twenty to thirty years. They are punishable by life imprisonment if they have led to the death of one or more persons.
The offences listed in the 12 ° to 14 ° and 25 ° of the same paragraph of the same article are punishable by imprisonment from fifteen to twenty years. The same offence as well as referred to in the 29 ° and 30 ° of the same paragraph of the same article are punishable by imprisonment from twenty to thirty years if they have led to either a disease apparently incurable, either a disability permanent of personal work, or severe loss of the absolute use of an organ or a mutilation. They are punishable by life imprisonment if they have led to the death of one or more persons.
Offences listed in the 6 ° to 9 °, 11 ° and 31 ° to the same paragraph of the same article are punishable by imprisonment from ten to fifteen years. In the case of aggravating circumstances laid down in the preceding paragraph, they are punishable as appropriate, with the penalties provided in that paragraph.
The offenses listed at 5 ° and 32 ° to 35 ° of the same paragraph of the same article are punishable by imprisonment from ten years to fifteen years, subject to the application of stricter penal provisions punishing serious violations to the dignity of the person.
The offence under 18 ° of the same paragraph of the same article shall be punishable by imprisonment from ten to fifteen years. It is punishable by imprisonment from fifteen to twenty years when it has led to serious consequences for public health.
The offence listed in the 39 ° of the same paragraph of the same article shall be punishable by imprisonment from ten to fifteen years.
The offence listed in 1 ° of paragraph 2 of article 136quater shall be punishable by life imprisonment.
The

offences listed 2 ° and 4 ° of the same paragraph of the same article are punishable by imprisonment from ten years to fifteen years, subject to the application of stricter penal provisions punishing serious violations to the dignity of the person.
The offence listed in the 3rd of the same paragraph of the same article shall be punishable by imprisonment from ten to fifteen years. The same offence is punishable by imprisonment from twenty to thirty years if it resulted in either a disease apparently incurable, either a disability permanent personal, or severe loss of the absolute use of an organ, or mutilation. It is punishable by life imprisonment if it resulted in the death of one or more persons.
The offences listed in 1 ° to 3 ° of paragraph 3 of article 136quater are punishable by imprisonment from fifteen to twenty years. ».
S. 10. a 136sexies article is inserted in the same title, as follows: «art.» 136sexies. those who manufacture, hold or carry any instrument, apparatus or object, erect a building or transforming an existing building, knowing that the instrument, the gear, the object, construction or transformation is intended to commit one of the offences under articles 136A, 136ter and 136quater or facilitate the perpetration, are punishable by the penalty provided for the offence for which they have allowed or facilitated the perpetration. ».
S. 11. a 136septies article is inserted in the same title, as follows: «art.» 136septies. are punishable by the penalty for an offence actually committed: 1 ° the order, even if not followed by effect, to commit any of the offences provided by articles 136A, 136ter and 136quater.
2 ° the proposal or offering to commit such an offence and acceptance of such proposal or offer;
3 ° the incitement to commit such an offence, even if not followed by effect.
4 ° the participation, within the meaning of articles 66 and 67, to such an offence, even if not followed by effect.
5 ° the failure to act within the limits of their possibility of action on the part of those who were aware of orders issued for the execution of such an offence or facts to begin execution, which could prevent the consumption or put end;
6 ° the attempt, within the meaning of articles 51 to 53, to commit such an offence. ».
S. 12. a 136octies article is inserted on the same basis, as follows: «art.» 136octies. § 1. Without prejudice to the exceptions noted in sections 18 °, 22 ° and 23 ° of article 136quater, § 1, no interest, no need for political, military or national nature cannot justify the offences defined in articles 136A, 136ter, 136quater, 136sexies and 136septies, even if they are committed in retaliation.
§ 2. The fact that the accused acted on the orders of his Government or of a superior does the free no responsibility if, in the given circumstances, the order could clearly result in the commission of any of the offences referred to in articles 136A, 136ter and 136quater. ».
CHAPTER III. -Amendments to the Act of 17 April 1878 containing the preliminary title of the Code of criminal procedure art. 13. it is inserted in chapter I, of the preliminary title of the Code of criminal procedure, an article 1bis, as follows: «art.» 1bis. § 1. In accordance with international law, proceedings are excluded with respect:-heads of State, heads of Government and Foreign Ministers of Foreign Affairs, during the period where they perform their function, as well as other persons whose immunity is recognized by international law;
-persons who have immunity, total or partial, based on a treaty that binds the Belgium.
§ 2. In accordance with international law, no act of restraint concerning the exercise of public action cannot be raised for the duration of their stay, against any person having been officially invited to reside within the territory of the Kingdom by the Belgian authorities or by an international organization established in Belgium and with which the Belgium concluded a headquarters agreement. ».
S. 14. at article 6 of the same preliminary title, amended by the laws of the 4 August 1914, July 12, 1932 and April 4, 2001, the following changes are made: 1 ° "any Belgian" shall be replaced by "any Belgian or any person whose main residence is in the territory of the Kingdom";
2 ° between 1 ° and 2 ° there shall be inserted a 1 ° bis worded as follows: '1 ° bis. a serious violation of international humanitarian law defined in book II, title Ibis, of the penal Code; ».
S. 15 A article 7, § 1, of the preliminary title, replaced by the law of March 16, 1964, "any Belgian" shall be replaced by the words "any Belgian or any person whose main residence is in the territory of the Kingdom".
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16 A article 10 of the same preliminary title, amended by the acts of 12 and July 19, 1932, April 2, 1948, 12 July 1984 and March 13, 2002, the following changes are made: 1 ° the introductory sentence of article is replaced by: "except in the cases referred to in articles 6 and 7, § 1, may be prosecuted in Belgium an alien who commits outside the territory of the Kingdom" :".
2 ° a point 1 ° new bis is inserted between 1 ° and 2 °, as follows: '1 ° bis. a serious violation of international humanitarian law referred to in book II, title Ibis du Code penal, if committed against a person who, at the time of the facts, is a Belgian national or a person who, for at least three years, stayed effectively, normally and legally in Belgium.
Proceedings, including the statement, may be instituted only at the request of the federal prosecutor who appreciates any complaints. There's no way to appeal against this decision.
Seized of a complaint in accordance with the preceding subparagraphs, the federal prosecutor requires the investigating judge to inquire into this complaint unless: 1 ° the complaint is manifestly unfounded; or 2 ° the facts identified in the complaint do not correspond to a qualification of the offences specified in book II, title Ibis, of the penal Code; or 3 ° admissible public action cannot arise from this complaint;
or (4) of the concrete circumstances of the case, it spring that, in the interests of good administration of justice and in the respect of the international obligations of the Belgium, this case should be brought before international courts, either before the Court of the place where the facts occurred, either before the Court of the State of which the author is a national, or the place where it can be found , and provided that this jurisdiction does the qualities of independence, impartiality and fairness, such as this may highlight relevant international commitments between the Belgium and this State.
If the federal prosecutor classifies a case no further action, it shall notify the Minister of Justice to the items listed in the preceding paragraph upon which this categorisation.
If the closure is based solely on the 3 ° and 4 ° above or only point 4 ° above and when these acts were committed after June 30, 2002, the Minister of Justice informed the ICC of these facts. ».
S. 17A article 12, first paragraph, of the preliminary title, amended by the law of July 14, 1951, the words "article 6, 1 ° and 2 °, 10, 1 ° and 2 ° ' shall be replaced by the words"article 6, 1 °, 1 ° bis and 2, article 10, 1 °, 1 ° a and 2 ° and article 12bis".
S. 18A article 12bis of the same preliminary title, inserted by the Act of 17 April 1986 and replaced by the law of 18 July 2001, the following changes are made: 1 the words "the Belgian courts are competent" are replaced by the words "Except in the cases referred to in articles 6 to 11, the Belgian courts are also competent".
2 ° "international convention" shall be replaced by the words "conventional or customary international law rule".
3 ° "this convention" shall be replaced by the words "this rule".
4 ° article is supplemented by the following paragraphs: "prosecution, including instruction, can be taken only at the request of the federal prosecutor who appreciates any complaints. '' There's no way to appeal against this decision.
Seized of a complaint in accordance with the preceding subparagraphs, the federal prosecutor requires the investigating judge to inquire into this complaint unless: 1 ° the complaint is manifestly unfounded; or 2 ° the facts identified in the complaint do not correspond to a qualification of the offences specified in book II, title Ibis, of the penal Code; or 3 ° admissible public action cannot arise from this complaint; or (4) of the concrete circumstances of the case, it spring that, in the interests of good administration of justice and in the respect of the international obligations of the Belgium, this case should be brought before international courts, either before the Court of the place where the facts occurred, either before the Court of the State of which the author is a national, or the place where it can be found , and provided that this jurisdiction does the qualities of independence, impartiality and fairness, such as this may highlight relevant international commitments between the Belgium and this State.
If the federal prosecutor classifies a case no further action, it shall notify the Minister of Justice to the items listed in the preceding paragraph upon which this categorisation.
If the closure is based solely on the 3 ° and 4 ° above or only point 4 ° above and when these facts

were committed after June 30, 2002, informed Justice Minister the International Criminal Court of those facts. ».
S. 19A article 21, paragraph first, the same preliminary title, replaced by the law of 30 May 1961 and amended by the law of 24 December 1993, the words "public action will be prescribed" are replaced by the words "Except with respect to the offences defined in articles 136A, 136ter and 136quater of the Criminal Code, prosecution will be prescribed".
CHAPTER IV. -Changes of the Code of criminal investigation article 20A article 86bis, § 2, of the Code of criminal procedure, inserted by the law of April 8, 2002, the words "or an offence under the Act of 16 June 1993 concerning the punishment of serious violations of international law humanitarian" are deleted.
S. 21A article 86quinquies of the Code, inserted by the law of April 8, 2002, the words "or of an offence under the law of 16 June 1993 concerning the punishment of serious violations of international law humanitarian" are deleted.
S. 22. in article 90b, § 2, of the same Code, inserted by the law of 30 June 1994 and amended by the law of 13 April 1995, 10 June 1998, 28 November 2000, 29 November and 11 December 2001, 7 July 2002 and January 6, 2003, the following changes are made: 1 ° the 1 ° bis-1 ° e are replaced by the following provisions
: '1 ° bis. Articles 136A, 136ter, 136quater, 136sexies and 136septies of the Code;
1 ° ter.
Article 210bis of the Code;
1 ° c. Articles 246, 247, 248, 249, 250 and 251 of the Code;
1 ° d. Article 259a of the same Code;
1 ° sexies. Article 314bis of the Code;
1 ° f. Sections 324bis and 324ter of the Code. » 2 ° 21 ° is repealed.
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23. in article 104, § 2, of the same Code, inserted by the Act of July 7, 2002, the words "an offence referred to in article 90b, §§ 2, 3 or 4, an offence committed within the framework of a criminal organisation referred to in article 324bis of the Criminal Code, or an offence under the law of 16 June 1993 concerning the punishment of serious violations of international law humanitarian" are replaced by the words "an offence as referred to in article 90b ", §§ 2, 3 or 4, or an offence committed within the framework of a criminal organisation referred to in article 324bis of the penal Code".
Chapter V. - Amendments to the Judicial Code articles 24A article 144ter, § 1, 1 ° of the Judicial Code, inserted by the Act of 26 June 2001, the fourth indent is hereby repealed.
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25. it is inserted into the same Code instead of article 144quater, which becomes article 144sexies, a new 144quater section read as follows: «art.» 144quater. for the offences referred to in book II, title Ibis, of the penal Code, only the federal prosecutor exercising public action. ».
CHAPTER VI. -Provisions various arts. 26 article 77 of the law of 10 April 2003 regulating the abolition of military tribunals in peacetime, as well as keeping them in time of war, the words "punishable by the law of 16 June 1993 concerning the punishment of serious violations of international law humanitarian" are replaced by the words "referred to in book II, title IA ", of the Criminal Code".
S. 27. the Act of 16 June 1993 the Suppression of serious violations of international humanitarian law, amended by law of 10 February 1999, 10 April and 23 April 2003, is repealed.
S. 28. without prejudice to the application of the law of 22 March 1996 on recognition of the international Tribunal for the former Yugoslavia and the international Tribunal for Rwanda, and cooperation with those tribunals and pursuant to article 14 of the Rome Statute of 17 July 1998, the Minister of Justice may bring to the attention of the International Criminal Court the facts relating to the offences defined in book II , title Ibis, the penal Code and the judicial authorities are seized, by deliberate in Council of Ministers decision.
Once the Prosecutor of the Court will process the notification provided for in article 18 § 1, status, about the facts that the Minister of Justice has brought to the attention of the Court, the Court of cassation, at the request of the Attorney general, pronounced the divestiture of the Belgian court seised of the same facts.
When the International Criminal Court, at the request of the Minister of Justice, made knowledge, after disposing of the Belgian jurisdiction, that the Prosecutor of the Court decided not to establish indictment, that the Court has not confirmed it, it declared itself incompetent or declared the case inadmissible, the Belgian courts are again relevant.
CHAPTER VII. -Provision transitional and coming into force s. 29 § 1. Without prejudice to the provisions of § 2, this Act comes into force the day of its publication in the Moniteur belge.
§
2. The third paragraph of article 136quater of the penal Code as well as the last paragraph of article 136quinquies of the penal Code, inserted respectively by articles 8 and 9 of this Act, come into force the day of the entry into force for the Belgium the second Protocol to the Hague Convention of 1954 for the protection of cultural property in the event of armed conflict adopted at the Hague on 26 March 1999.
§ 3. Pending cases to the information on the date of entry into force of this Act and relating to offences referred to in Title IA, book II, of the penal Code are dismissed by federal prosecutor within thirty days of the entry into force of this Act when they do not meet the criteria referred to in articles 6, 1 ° bis 10, 1 ° bis and 12bis of the preliminary title of the Code of criminal procedure.
Pending cases to the instruction at the date of entry into force of this Act and relating to the matters referred to in Title IA, book II, of the penal Code, shall be transferred by the federal prosecutor to the Attorney general at the Court of cassation endeans thirty days after the date of entry into force of this Act, with the exception of cases subject to a taking of evidence on the date of entry into force of this Act as at least one complainant was of Belgian nationality at the time of the initial commitment of public action, either at least one alleged perpetrator has his principal residence in Belgium, on the date of entry into force of this Act.
In the same period, the federal prosecutor transmits a report covering each of the transferred cases, in which it indicates their non-conformity with the criteria referred to in articles 6, 1 ° bis, 10, 1 bis and 12bis of the preliminary title of the Code of criminal procedure.
Within fifteen days following this transfer, the Attorney general requires the Court of cassation within thirty days, the divestiture of the Belgian Court after hearing the federal prosecutor as well as, at their request, the complainants and persons indicted by the investigating judge seized of the case. The Court of cassation pronounces on basis of the criteria referred to in articles 6, 1 ° bis, 10, 1 ° bis, and 12bis of the preliminary title of the Code of criminal procedure.
For cases which are not dismissed on basis of 1st paragraph, § 3, of this article or the divestiture is not pronounced on basis of the previous paragraph, the Belgian courts are competent.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Galaxidi, August 5, 2003.
ALBERT by the King: for the Prime Minister, absent: the Deputy Prime Minister and Minister for Foreign Affairs, L. MICHEL for the Deputy Prime Minister and Minister of Justice, absent: the Deputy Prime Minister and Minister of Budget and public enterprises, J. VANDE LANOTTE sealed with the seal of the State: to the Minister of Justice, absent: the Deputy Prime Minister and Minister of Budget and public enterprises J.
VANDE LANOTTE _ Note (1) Special Session 2003.
House of representatives.
Parliamentary papers. -Bill, no. 51 - 103/1. -Amendments, no. 51-103/2. -Report, no. 51-103/3. -Text adopted by the Commission, No 51-103/4. -Text adopted in plenary meeting and transmitted to the Senate, no. 51-103/5.
Parliamentary Annals. -Full report: July 29, 2003.
Senate.
Parliamentary papers. -Draft transmitted by the House of representatives, no. 3-136/1. -Amendments No. 3 - 136/2. -Report, n ° 3-136/3. -Amendments No. 3 - 136/4.
-Text adopted in plenary, no. 3-136/5.
Parliamentary Annals. – Annals of the Senate: August 1, 2003.

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