International Criminal Code (VStGB)

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VStGB

Date of completion: 26.06.2002

Full quote:

" International Criminal Code of 26 June 2002 (BGBl. I p. 2254) "

Footnote

(+ + + Text evidence from: 30.  6.2002 + + +) 

  

The G was decided by the Bundestag as Article 1 of the G v. 26.6.2002 I 2254. It's gem. Article 8 of this Act entered into force on 30 June 2002.

Part 1
General rules

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§ 1 Scope

This law applies to all offences referred to in it against international law, for the crimes referred to in it, even if the offence has been committed abroad and does not have a reference to the domestic law. Unofficial table of contents

§ 2 Application of general law

The general criminal law shall apply to deeds under this Act, insofar as this law does not apply special provisions in § § 1 and 3 to 5. Unofficial table of contents

§ 3 Act on command or order

If the perpetrator does not recognize that the order or the order is unlawful, he or she shall not be responsible for any act in accordance with § § 8 to 14, in the execution of a military command or an order of comparable actual binding effect. and the illegality of that is not obvious either. Unofficial table of contents

§ 4 Responsibility of military commanders and other subtlees

(1) A military commander or civilian supervisor who is not responsible for preventing his subordinates from committing an act under this law shall be punished as a perpetrator of the act committed by the subordinated. Section 13 (2) of the Criminal Code shall not apply in this case. (2) A military commander shall be equal to a person who exercises command or command of command and control in a force. A civil superiors shall be equal to a person who exercises effective leadership and control in a civil organisation or undertaking. Unofficial table of contents

§ 5 Unstateability

The prosecution of crimes under this law and the execution of the sentences imposed on them do not apply to the law.

Part 2
Offences against international law

Section 1
Genocide and crimes against humanity

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§ 6 Genocide

(1) Any person who intends to destroy, in whole or in part, a national, racial, religious or ethnic group as such,

1.

who kills a member of the group,

2.

a member of the group shall inflict serious physical or psychological damage, in particular the type referred to in Article 226 of the Criminal Code,

3.

places the group in living conditions which are capable of causing their physical destruction in whole or in part,

4.

imposing measures designed to prevent births within the group,

5.

a child of the group forcibly transferred to another group,

is punishable by life imprisonment. (2) In the minor cases of paragraph 1 (2) to (5), the sentence is not punishable under five years of age. Unofficial table of contents

§ 7 Crimes against humanity

(1) Who, in the context of an extended or systematic attack against a civilian population,

1.

that kills a human,

2.

Having regard to the intention to destroy, in whole or in part, a population, or parts thereof, under conditions of living conditions which are likely to cause the destruction in whole or in part,

3.

Trafficking in human beings, in particular with a woman or a child, or who otherwise enslaves a human being, and who is in the process of taking ownership of him,

4.

a person who is legally resident, expelled or forcibly transferred in an area in breach of a general rule of international law by expulsion or other coercive measures in another State or in an area where he or she is not responsible for the to other areas,

5.

a person who is under his control in his custody or in any other way is tortured by inflicting significant physical or mental damage or suffering on him, which is not merely a result of the sanctions under international law ,

6.

sexually abused or raped another person, forced him to prostitution, deprived of reproductive capacity, or intent on influencing the ethnic composition of a population, a person who had been forced to do so by using coercion Woman trapped,

7.

to forcibly leave a human being with the intention of depriing him of the protection of the law for a longer period of time,

a)

abducting him on behalf of or with the endorsement of a State or political organization, or otherwise seriously depriving him of his or her physical freedom, without, in addition, being truthfully informed of his or her request, Fate and its whereabies are granted, or

b)

refuses, on behalf of the State or of the political organisation or contrary to a legal obligation, to give immediate information on the fate and whereabiation of the person who, under the conditions laid down in the letter a of his physical deprived of freedom, or giving false information,

8.

to add serious physical or psychological damage to another person, in particular the type referred to in Article 226 of the Criminal Code,

9.

a person is seriously deprived of physical liberty, in contravention of a general rule of international law, or

10

An identifiable group or community shall pursue an identifiable group or community by, for reasons of political, racial, national, ethnic, cultural or religious reasons, on grounds of sex or others, in accordance with the general rules of international law, as withdraw or substantially restrict fundamental human rights,

shall be punished in the cases of points 1 and 2 with life imprisonment, in the cases of points 3 to 7 with imprisonment not under five years and in the cases of numbers 8 to 10 with imprisonment not less than three years. (2) In In the case of serious cases referred to in paragraph 1 (2), the penalty shall not be punishable under five years, in the case of severe cases of paragraph 1 (3) to (7), not less than two years, and in the minor cases referred to in paragraph 1 (8) and (9). (3) The perpetrator shall be responsible for the death of a person in accordance with the provisions of paragraph 1 (3) to (10). In the cases referred to in paragraph 1 (3) to (7), the sentence shall not be punishable by life imprisonment or imprisonment of less than ten years and in the cases referred to in paragraph 1 (8) to (10) imprisonment not less than five years. (4) In minor In the event of an act referred to in paragraph 1 (3) to (7), the sentence shall not be less than five years and, in the case of an act referred to in paragraph 1, no 8 to 10 custodial sentences shall not be less than three years. (5) , an institutionalised regime of systematic oppression and mastery of a racial group shall not be punished under five years of imprisonment unless the act referred to in paragraph 1 or paragraph 3 is punishable by a more serious penalty. In less serious cases, the penalty shall not be less than three years, unless the offence referred to in paragraph 2 or paragraph 4 is threatened with a more serious penalty.

Section 2
War crimes

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§ 8 War Crimes against Persons

(1) Those who are in connection with an international or non-international armed conflict

1.

he kills a person to be protected under international humanitarian law,

2.

a person who is to be protected under international humanitarian law as a hostage;

3.

to treat, cruelly or inhumanely, a person to be protected under international humanitarian law by inflicting substantial physical or mental damage or suffering, in particular by torture or mutillation;

4.

sexually required or raped a person to be protected under international humanitarian law, is required to prostitution, deprives them of reproductive capacity or intends to influence the ethnic composition of a population, the application of forced divorced women,

5.

Under the age of 15, children under the age of 15 are forcibly committed or are involved in armed forces or armed groups, or used to participate actively in hostilities,

6.

a person to be protected under international humanitarian law who is legally resident, expelled or forcibly transferred, in contravention of a general rule of international law, by expulsion or other (b) Forced to another State or to another territory,

7.

a significant sentence, in particular the death penalty or a custodial sentence, against a person to be protected under international humanitarian law, without that person acting in an impartial regular trial, the the legal guarantees required under international law have been ruled out;

8.

a person to be protected under international humanitarian law at the risk of death or serious injury to health by:

a)

conduct experiments in which they have not previously voluntarily and expressly consented or which are not medically necessary or are not carried out in their interest,

b)

for transmission purposes to such a person, unless it is the removal of blood or skin for therapeutic purposes in accordance with generally accepted medical principles, and the person has previously been has not voluntarily and expressly consented, or

c)

in the case of such a person, apply medically unrecognised treatment methods without this being medically necessary and the person has previously voluntarily and expressly consented, or

9.

in a serious degrading or degrading treatment of a person to be protected under international humanitarian law,

in the cases referred to in point 1 with life imprisonment, in the cases referred to in point 2 with a custodial sentence of not less than five years, in the cases of points 3 to 5 with imprisonment not less than three years, in the cases of points 6 to 8 with Imprisonment not under two years and in the cases of number 9 with imprisonment not under one year. (2) Who in connection with an international or non-international armed conflict is a member of the opposing party Forces or fighters of the opposing party wounded after the (3) Who in connection with an international armed conflict will be punished with imprisonment not under three years. (3)

1.

a protected person, as referred to in paragraph 6 (1), is illegally imprising or is unjustifiably delaying their home-creation,

2.

as a member of an occupying power, transferring part of its own civilian population to the occupied territory,

3.

a protected person within the meaning of paragraph 6 (1), by force or by threat of a sensitive evil, is required to serve in the armed forces of a hostile power, or

4.

to require a member of the opposing party to take part in acts of war against his own country by force or by threat of a delicate evil,

shall not be punishable by imprisonment for less than two years. (4) In the cases referred to in paragraph 1 (2), the perpetrator shall not be punishable by life imprisonment or imprisonment in the cases referred to in paragraph 1 (2), if the offender is responsible for the death of the victim, in accordance with paragraph 1 (2) to (6). Under the age of ten years, in the cases referred to in paragraph 1 (3) to (5), not less than five years, in the cases referred to in paragraph 1 (6), the term of imprisonment shall not be less than three years. Where an act referred to in paragraph 1 (8) leads to death or serious injury to health, the penalty shall not be less than three years. (5) In minor cases of paragraph 1 (2), the penalty shall not be punishable under two conditions: Years, in the case of minor cases referred to in paragraph 1 (3) and (4) and in paragraph 2, not less than one year, in less serious cases under paragraph 1 (6) and in paragraph 3 (1), imprisonment of six months to five years. (6) of human rights to be protected under international humanitarian law

1.

in the international armed conflict: protected persons within the meaning of the Geneva Conventions and Additional Protocol I (Annex to this Act), including wounded, sick, shipwrelled, prisoner of war and civilians;

2.

in the non-international armed conflict: wounded, sick, shipwrelled and persons who are not directly involved in hostilities and who are in the violence of the opposing party;

3.

in international and non-international armed conflict: members of the armed forces and fighters of the opposing party, who have stretched the weapons or are defenseless in any other way.

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§ 9 War Crimes against Property and Other Rights

(1) Those who, in connection with an international or non-international armed conflict, are plundered or, without this due to the needs of the armed conflict, otherwise to a considerable extent contrary to international law shall be subject to the The opposing party, which is subject to the violence of one's own party, is destroyed, appropriated or confiscated, is punished with imprisonment of one year to ten years. (2) Those who are in connection with an international armed conflict It is contrary to international law that the rights and claims of all or of an essential In part, the members of the opposing party shall be suspended or suspended, or shall not be enforceable in court, shall be punished with imprisonment of one year to ten years. Unofficial table of contents

§ 10 War crimes against humanitarian operations and emblems

(1) Those who are in connection with an international or non-international armed conflict

1.

Address an attack against persons, facilities, equipment, units or vehicles involved in a humanitarian assistance mission or a peacekeeping mission in accordance with the Charter of the United Nations as long as they are have the right to the protection granted to civilians or civilian objects under international humanitarian law; or

2.

(i) an attack against persons, buildings, materials, medical units or medical equipment, which are identified in accordance with international humanitarian law with the protection marks of the Geneva Conventions,

is punishable by imprisonment not under three years. In less serious cases, in particular if the attack is not carried out by military means, the penalty is not under one year. (2) Those who are in connection with an international or non-international armed conflict are the The protection marks of the Geneva Conventions, the flag of Parliament or the flag, the military badges or the uniform of the enemy or the United Nations abused and thereby the death or serious injury of a person (§ 226 of the Criminal code), is punishable by imprisonment not under five years. Unofficial table of contents

§ 11 War crimes of the use of prohibited methods of warfare

(1) Those who are in connection with an international or non-international armed conflict

1.

, by military means, an attack against the civilian population as such or against individual civilians who are not directly involved in the hostilities,

2.

, by military means, an attack against civilian objects as long as they are protected as such by international humanitarian law, namely buildings that serve the service of worship, education, art, science or charity , historical monuments, hospitals and gathering places for the sick and wounded, undivided towns, villages, dwellings or buildings or demilitarized zones, as well as facilities and facilities containing dangerous forces,

3.

carry out an attack using military means, and is considered to be certain that the attack will cause the killing or injury of civilians or damage to civilian objects to an extent that is disproportionate to the total the expected concrete and immediate military advantage,

4.

to protect a person to be protected under international humanitarian law as a protective shield in order to prevent the adversary of acts of war against certain objectives,

5.

that the starvation of civilians is used as a method of warfare by preventing them from carrying out vital objects or obstructing the delivery of aid in contravention of international humanitarian law,

6.

as commander-in-chief, or androht, that no pardon is given, or

7.

a member of the enemy's armed forces or a fighter of the opposing party kills or wounded the enemy,

is punishable by imprisonment not under three years. In less serious cases the penalty is not under one year of imprisonment. (2) The offender is responsible for the death or serious injury of a civil person (§ 226 of the Criminal Code) by an act in accordance with paragraph 1 (1) to (6) or a civil person (§ 226 of the Criminal Code). person to be protected under international humanitarian law, he shall not be punished with imprisonment under five years. If the perpetrator intentionally causes death, the sentence is a life sentence or imprisonment of not less than ten years. (3) Anyone carrying out an attack in connection with an international armed conflict with military means and in doing so, it is expected that the attack will cause far-reaching, long-term and serious damage to the natural environment, which will be disproportionate to the overall expected concrete and immediate military advantage, will is punishable by imprisonment for not less than three years. Unofficial table of contents

§ 12 War Crimes of the Use of Prohibited Means of Warfare

(1) Those who are in connection with an international or non-international armed conflict

1.

Poison or poisoned weapons used,

2.

biological or chemical weapons, or

3.

In the case of bullets, which are easily extended or flattened in the human body, in particular projectiles with a hard coat, which does not completely surround the core or is provided with incisions,

shall not be punished with imprisonment for less than three years. (2) The perpetrator shall, by means of an act referred to in paragraph 1, cause death or serious injury to a civil person (Section 226 of the Criminal Code) or to be protected under international humanitarian law. Person, he will be punished with imprisonment not under five years. If the perpetrator intentionally causes death, the sentence of life imprisonment or imprisonment shall not be less than ten years.

Section 3
Other offences

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§ 13 Violation of the duty of supervision

(1) A military commander who intentionally or negligently undertakes to supervise a subordinator who is subject to his or her command authority or his/her actual control shall be subject to a breach of the obligation to supervisory authority. (2) A civilian supervisor who deliberately or negligently omits a subordinated subordinated person, who is responsible for the conduct of the subordinates. (2) A civil superiors who, intentionally or negligently, are not able to do so. of its authority or of its actual control, shall be subject to (3) § 4 para. 2 shall be deemed to be punishable by a breach of supervisory duty if the subordinates act in accordance with this law, the existence of which was readily apparent to the superiors and which they could have prevented. (4) The intentional violation of the duty of supervision shall be punishable by imprisonment of up to five years, the negligent breach of the duty of supervision shall be punishable by imprisonment for up to three years. Unofficial table of contents

§ 14 Subversion of the notification of a criminal offence

(1) A military commander or a civilian supervisor who does not, in accordance with this law, who has committed an underman, immediately inform the body responsible for the investigation or prosecution of such acts. shall be punished by imprisonment of up to five years. (2) § 4 (2) shall apply mutah. Unofficial table of contents

Annex (to § 8 para. 6 no. 1)

The Geneva Conventions within the meaning of the Act are:
I.	Geneva Convention	of 12 August 1949 to improve the Loses of the Wounded and Sick of the Armed Forces in the Field (BGBl. 1954 II p. 781, 783),
-II.	Geneva Convention	of 12 August 1949 to improve the Loses of the Wounded, Sick and Shipwrecks of the Armed Forces to the Sea (BGBl. 1954 II p. 781, 813),
-III.	Geneva Convention	of 12 August 1949, concerning the treatment of prisoners of war (BGBl. 1954 II p. 781, 838) and
-IV.	Geneva Convention	of 12 August 1949 for the Protection of Civilian Persons in Time of War (BGBl. 1954 II p. 781, 917).
The Additional Protocol I in the sense of the Act is:
Additional Protocol to the Geneva Conventions of 12 August 1949 on the protection of victims of international armed conflicts (Protocol I) of 8 June 1977 (BGBl I). 1990 II p. 1550, 1551).