Law (2014:406) Of Punishment For Genocide, Crimes Against Humanity And War Crimes

Original Language Title: Lag (2014:406) om straff för folkmord, brott mot mänskligheten och krigsförbrytelser

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:406

Genocide



1 § genocide person who, for the purpose of fully or partially

destroy a national, ethnic or racial contribution or

religious ethnic group as such,



1. kill a member of the folk group,



2. Add a member of the folk group, severe pain or

injury or exposes him for the difficult suffering,



3. impose on members of the ethnic group living conditions that are

devoted to cause ethnic group in whole or in part

annihilated,



4. to take measures designed to prevent children being born

within the community, or



5. by force for over a child under the age of eighteen years from

ethnic group to another group.



The penalty is imprisonment for a fixed period, not less than four and not more than eighteen

years, or for life.



Crimes against humanity



section 2 of the crimes against humanity is sentenced, if the Act is

or included as part of a widespread or systematic

attacks directed against a group of civilians, the



1. kill a person in the group,



2. inflicts on a person severe pain that is part of the Group

or injury or exposes him for the difficult suffering through

torture or other inhuman treatment,



3. subjecting a person in the group for a serious

sexual abuse, forced prostitution,

or another to his seriousness comparable deed,



4. for the purpose of affecting the ethnic composition of a

population or to commit other serious violations of

General international law, frihetsberövar a woman in the Group

and who forcibly made pregnant,



5. to cause to a person who is part of the group will

sexual slavery or, in violation of general international law, in

forced or coercive, such permission



6. contrary to public international law deports or

displace a person in the group,



7. contrary to public international law frihetsberövar any included

in the group,



8. put people who are part of the group for the persecution

by in violation of public international law, deprive them of

basic rights because of political, racial,

national, ethnic, cultural, religious, gender or

other under general international law prohibited motifs, or



9. a State or a political organization, or

with its authorization, support or acquiescence, in order to avoid

a person in the group from the legal protection for an extended

time,



a) frihetsberövar this if the detention is followed by a

refusal to recognise this or to provide information about

the person's fate or whereabouts,



b) then a detention occurred refuses to recognise this

or to provide information on the detainees ' fate or

place of residence, or



c) then such a refusal has been perpetuating

the deprivation of liberty.



The penalty is imprisonment for a fixed period, not less than four and not more than eighteen

years, or for life.



War crimes



Protected person



paragraph 3 of the protected person referred to in this law such as the wounded,

sick, shipwrecked, a prisoner of war or civilian or in other

property enjoys special protection under Geneva Conventions

on August 12, 1949, the first Protocol to the

those from 1977 or otherwise under general international law which is

applicable in armed conflict or during occupation.



War crime against person



4 section For war crime is sentenced, if the Act is included as part

in or otherwise associated with an armed conflict

or occupation, the



1. kill a protected person;



2. Add a protected person severe pain or injury

or exposes him for the difficult suffering by torture or

other inhuman treatment,



3. expose a protected person for medical or

scientific experiment that are not made in the interest of the person

and that means serious danger to his or her life

or health,



4. damages a person who is awake incapacitating condition,



5. exposes a protected person for serious sexually

abuse by, forced prostitution, sexual

slavery or any other to its seriousness comparable deed,



6. for the purpose of affecting the ethnic composition of a

population or to commit other serious violations of

General international law, frihetsberövar a protected person of the

female gender who forcibly made pregnant,



7. exposes a protected person for humiliating or

pejorative treatment that is likely to seriously violate the

personal dignity,



8. in violation of public international law deports or

displace a protected person;



9. enforces or sentence out a sentence against a protected

person without he or she first received a fair

trial,



10. in order to compel a State, person or entity that

carry out or refrain from an Act, taking a protected person

hostage, or



11. the national armed forces or armed groups

recruits or for direct participation in hostilities

using children under the age of fifteen years.



The penalty is imprisonment of up to six years.



section 5 For a war crime is sentenced, if the Act is included as part

of or otherwise in connection with an international

armed conflict or occupation, the



1. for an occupying power Bill lets move a part of the

its civilian population to an occupied area,



2. forcing a national of a State which is a counterparty to

the conflict to participate in military operations against their own

the State or force a protected person to serve in a

hostile proxy forces, or



3. in violation of public international law, frihetsberövar a protected

person or to unjustifiably delay sending

home to a prisoner of war or a civilian who has been

freedom.



The penalty is imprisonment of up to six years.



War crime relating to property



section 6 of the war crimes are sentenced, if the Act is included as part

in or otherwise associated with an armed conflict

or occupation, the plundering or, without it being

necessary for military reasons, largely destroy,

acquire or confiscate someone's property.



The penalty is imprisonment of up to six years.



War crime by waiver of the right to

judicial review



section 7 For a war crime is sentenced, if the Act is included as part

of or otherwise in connection with an international

armed conflict or occupation, in whole or in

significant extent nullifies the other party's citizen's right

admissible in a Court of law of civil or other civil

rights.



The penalty is imprisonment of up to six years.



War crime relating to specially protected or

characteristics



section 8 of the war crime is sentenced, if the Act is included as part

in or otherwise associated with an armed conflict

or occupation, the



1. direct attacks against personnel, installations, material,

units or vehicles involved in a humanitarian relief effort

or in a peacekeeping operation in accordance with the United

Nations Charter, provided these are

eligible for the protections that apply to civil or civil

property under general international law,



2. direct an attack against personnel, buildings, equipment,

medical units or transports in accordance with

public international law has the right to bear the hallmarks of the Red Cross

or the Red Crescent or another similarly

recognized international characteristics, or



3. contrary to public international law uses a sign which

referred to under 2 for military purposes or uses

parlamentärflagga, the United Nations flag, the enemy

flag or military designations or uniform, in a way

that will result in death or serious personal injury.



The penalty is imprisonment of up to six years.



War crime by using prohibited

combat methods



section 9 For a war crime is sentenced, if the Act

includes as part of or otherwise in connection with a

armed conflict or occupation, the



1. direct an attack against a civilian population as such or

against individual civilians who are not directly participating in the

the hostilities,



2. direct an attack on buildings which are intended for

religion, education, art, science or charitable

purposes, against historical memorials, cultural property, hospital

or staging sites for the sick and wounded, or against other

civilian property, provided that these do not constitute a

military objective,



3. direct an attack on towns, villages, dwellings or

buildings which are not defended and which does not constitute a military

objectives,



4. direct an attack on a military target which will lead

to civilians will be killed or injured, civilian property

be destroyed or the natural environment caused serious

damage to an extent that does not have a proportionate in relation

to the concrete and immediate overall military advantage

as can be expected,



5. with the use of perfidy kills or harms

someone who belongs to the other party's national armed forces or

armed groups,



6. orders or threatening to pardon will not be granted,



7. use a protected person by his or her

attendance counter that counterparty goes to attack against certain

places or areas or against national armed forces

or armed groups, or to promote their own military

operations, or



8. in order to make use of starvation as a method of combat is depriving

a civilian population essential supplies.



The penalty is imprisonment of up to six years.



War crimes through the use of prohibited weapons



section 10 For war crime is sentenced, if the Act is included as a

part of or otherwise in connection with an armed

conflict or occupation, the




1. using poison or poisonous weapons,



2. using biological or chemical weapons, or



3. contrary to public international law uses different weapons that

is such that it can cause excess

injury or unnecessary suffering or which are indiscriminate.



The penalty is imprisonment of up to six years.



Bearish war crime



section 11 of the crimes referred to in §§ 4-10 to be coarse, sentenced

for serious war crimes to prison for some time, not less than

four and not more than eighteen years, or for life. At the discretion of the

If the crime is gross, particular account shall be taken of whether the deed concluded

as part of a plan or policy or as part of a

comprehensive crime or if the act causing death

severe pain or injury or severe suffering, comprehensive

property damage or extremely severe damage to the

natural environment.



Subjective elements relating to the child's age



section 12 of The responsibilities in paragraph 1(1), 5 or section 4 first

paragraph 11 is prescribed for an offence committed against a

children under a certain age should also be condemned as not realized but

had reasonable grounds to believe that the child has not reached the

age.



Responsibility for foremen



Expanded criminal acumen



section 13 a military or civilian supervisor who fails to take

the him or her possible measures necessary

and reasonable to prevent genocide, crimes against

humanity or a war crime committed by a subordinate

under obedience to your commissioning editor and effective control

considered as perpetrator.



Failure to exercise control



paragraph 14 of a military or civilian supervisor who willfully or

serious negligence fails to exercise special supervision of a

subordinates under his or her obedience and

effective control should be condemned for failure to exercise

control to the prison for a maximum of four years, if the subject

have committed genocide, crimes against humanity or

war crime that foreman should have anticipated and had

been able to prevent.



Failure to report the crime



section 15 a military or civilian supervisor who, when it can be done without

danger to the foreman reveals his own crime, fails

that investigation and prosecution report reasonable suspicion

to a subject that is under his or her obedience

and effective control have committed genocide, crimes against

humanity or a war crime, shall be sentenced for

failure to report the crimes to the imprisonment of up to four years.



Try etc.



section 16 Of the attempt, preparation or conspiracy to commit, and

failure to reveal the crimes of genocide, crimes against humanity

and a war crime is sentenced it to liability under Chapter 23.

the Penal Code.