Domestic implementation of international law
Republic of Cabo Verde
Domestic Legislation | Resources and Links
Crimes Crime of Aggression
No provision.
Crimes Against Humanity
No provision
Cabo Verde's Criminal Code is in the process of revision. The 2014 draft amendment incorporates crimes against humanity into the Code. It redefines war crimes and genocide and includes draft provisions on command responsibility.
Genocide
Genocide is defined in Article 268 of the Criminal Code of Cabo Verde of 2003:
Article 268
Article 267 of the Criminal Code of Cabo Verde of 2003 penalizes the incitement to commit genocide:
(Genocide)
Whoever, in execution of a concerted plan and with the intention to destroy in whole or in part a national, ethnic, racial, religious or other group, determined on the basis of any arbitrary criteria, carries out in relation to members of that group one of the following acts, shall be punishable by imprisonment for a term of 15 to 25 year:a) Homicide or a grave attempt against physical or mental integrity;
b) Deportation, enslavement or kidnapping followed by disappearance;
c) Subjection to systematic and widespread practices of torture or cruel, degrading or inhuman treatment, likely to result in the total or partial destruction of the group;
d) Measures to prevent procreation or birth;
e) Forced transfer of children from one group to another.Article 267
Article 373 of the Criminal Code of Cabo Verde of 2003 penalizes the preparatory acts to commit genocide.
(Incitement to war or to genocide)
1 - Whoever publicly and repeatedly, by whatever means, incites hatred against a people or an ethnic, racial or religious group, with the intention of destroying in whole or in part, the people or group or of waging a war, will be punished with imprisonment for 2 to 6 years.
2 - Whoever recruits members of the Armed Forces of Cabo Verde for a war against a foreign State or Territory or to bring down by violent means the legitimate government of another State or Territory will be punishable to the same term of imprisonment.
Full text of the Criminal Code of 18 November 2003:
Código Penal de Cabo Verde. Decreto Legislativo nº 4/2003 de 18 de Novembro. [POR] War Crimes
War crimes are defined in Articles 272 to 278 of the Criminal Code of 2003.
Article 267 penalizes the incitement to wage war.
Full text of the Criminal Code of 18 November 2003:
Código Penal de Cabo Verde. Decreto Legislativo nº 4/2003 de 18 de Novembro. [POR]
Jurisdiction Article 3 of the Criminal Code of 2003 stipulates that Cape Verdean laws are applicable to all offences committed in Cape Verdean territory, regardless of the nationality of the perpetrator.
Article 4 specifies the offences which, even if committed abroad, are subject to the Cape Verdean jurisdiction:Article 4
Full text of the Criminal Code of 18 November 2003:
(Acts committed outside national territory)
1 - In the absence of an international convention to the contrary, the criminal law of Cabo Verde is applicable to acts committed outside the national territory of Cabo Verde in the following instances:a) When they constitute crimes pursuant to articles 243 to 262 and 306 to 327;
2 - The provisions of the preceding paragraph will only have application when the perpetrator has not been tried or he has evaded compliance with the punishment which was imposed on him by the country where the acts were committed.
b) When they constitute crimes pursuant to articles 138, numbers 2 and 3, and 267 to 268 provided that the perpetrator is located in Cabo Verde and cannot be extradited;
c) When they are committed against Cabo Verdeans provided that the perpetrator is habitually resident in Cabo Verde and is located here;
d) When they are committed by Cabo Verdeans or by foreigners against Cabo Verdeans, provided that the perpetrator is present in Cabo Verde, the acts are similarly punishable by the legislation of the place where the acts were committed, the acts constitute a crime which permits extradition and this cannot be granted in the specific case;
e) When the crimes are of the type which the State of Cabo Verde, by international treaty has the obligation to prosecute.
3 - Even where, under the terms of this article, Cabo Verde law is applicable, the acts will be judged in accordance with the law of the country in which they were committed, provided always that these laws are significantly more favourable to the perpetrator. The applicable penalty will be converted to the corresponding penalty under the Cabo Verde system or if there is no directly corresponding one, to that which the law of Cabo Verde provides for such act.
Código Penal de Cabo Verde. Decreto Legislativo nº 4/2003 de 18 de Novembro. [POR]
International Criminal Court
Rome Statute of the International Criminal Court: Cabo Verde signed the Rome Statute on 28 December 2000 and deposited its instrument of ratification on 10 October 2011.Upon ratification, Cabo Verde made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:
"With regard to article 87 (2) of the Rome Statute, Cape Verde declares that all requests for cooperation and any other supporting documents that it receives from the Court shall be transmitted through diplomatic channels via its Embassy in Brussels, preferably in Portuguese or translated in this language."
Constituçao da República de Cabo Verde. 2ª Revisão Ordinária - 2010, 4ª Ediçao. 2010. [POR]
Official Website of the National Assembly of Cabo Verde. [Last accessed 06Jan16]. [External Link to pdf file]
The Constitution of Cape Verde. [ENG]
(Cape Verde's Constitution of 1980 with Amendments through 1992)
Comparative Constitutions Project. [Last accessed 06Jan16]. [External Link to pdf]
Constituições de Cabo Verde e Revisões Constitucionais. [POR]
(Consitutions of Cabo Verde and constitutional reforms)
Official Website of the National Assembly of Cabo Verde. [Last accessed 06Jan16]. [External Link]
Boletim Oficial. [POR]
(Official Gazette). Imprensa Nacional de Cabo Verde. [Last accessed 07Jan16]. [External Link]
Revisão da legislação Penal. [POR]. (Criminal legislation review process)
(Official Website of the Ministry of Justice). [Last accessed 07Jan16]. [External Link]
International Humanitarian Law treaties to which Cabo Verde is a State Party.
International Committee of the Red Cross [External Link]