Table 24 |
National regulation of crimes against humanity and genocide
Costa Rican Penal Code
Peruvian Criminal Code
The Criminal Code establishes that, regardless of the provisions in force in the place where the punishable act was committed and the nationality of the perpetrator, those who commit international crimes, including genocide, shall be punished under Costa Rican law (Article 7). The regulation on genocide (Article 375) includes the political group as a protected group. Crimes against humanity are regulated (Article 375), in accordance with international treaties. The Peruvian Criminal Code contains a section entitled “Crimes against Humanity” (Articles 319 to 324), which covers the crimes of genocide (Chapter I), enforced disappearance (Chapter II), and torture (Chapter III). The section also includes discrimination (Chapter IV) and genetic manipulation (Chapter V). The regulation of genocide in the Peruvian Criminal Code embodies the provisions of the Genocide Convention of 1948, ratified in 1959.
Genocide: Imprisonment from 10 to 25 years Crimes against humanity: Imprisonment from 10 to 25 years.
Genocide: imprisonment of not less than 20 years Forced disappearance: imprisonment of not less than 15 years. Torture: imprisonment of not less than five and not more than ten years. If the torture causes the death of the victim, not less than 8 nor more than 20 years. If it causes a serious injury, no less than 6 nor more than 12 years.
7.2.2 International Criminal Court The International Criminal Court is a permanent and independent judicial tribunal composed of 18 judges and 1 prosecutor. It is not an organic part of the United Nations.
It was created by virtue of the adoption of the Rome Statute16 in 1998 (which came into effect in 2002) with a mandate to investigate and prosecute what the international
16. The text of the Rome Statute can be found at this link: https://www.icc-cpi.int/resource-library/documents/rs -eng.pdf
PRACTICAL GUIDE TO TRADE UNION ACTION: International Human Rights Instruments
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