Domestic application of international criminal law
Republic of Finland
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Crimes Crime of Aggression / Crimes against Peace
◼ Chapter 12 of the Criminal Code of Finland is devoted to "Treasonable offences". Section 2 provides as follows in respect of acts of aggression:
"Section 2 – Incitement to war (578/1995)
See: Criminal Code of Finland. (39/1889, amendments up to 766/2015 included). [ENG]
If a person in Finland or a Finnish citizen outside of Finland, during an ongoing or imminent military crisis or international political crisis, for the purpose of causing Finland to be at war or the target of a military operation(1) publicly exhorts a foreign state to carry out an act of aggression against Finland or Finland to carry out an act of aggression against a foreign state,
so that the act evidently increases the danger of Finland being at war or the target of a military operation, that person shall be sentenced for incitement to war to imprisonment for at least one and at most ten years."
(2) publicly disseminates statements or other propaganda intended to turn the public opinion in favour of the carrying out of acts of aggression,
(3) systematically disseminates manifestly unfounded or misleading information on the Finnish defence or the military or security policy of Finland, or
(4) unlawfully commits a violent act against a foreign state or the representative, territory or property of a foreign state
◼ Finland ratified the Kampala amendments to the Rome Statute on the crime of aggression on 30 December 2015.Crimes Against Humanity
Crimes against humanity are included in Chapter 11 ("War crimes and crimes against humanity"), Sections 3 and 4, of the Criminal Code of Finland:
"Section 3 - Crime against humanity (212/2008)
See:
A person who, as part of a broad or systematic assault on civilian population,(1) kills or enslaves another, subjects him or her to trade by offer, purchase, sale or rent, or tortures him or her, or in another manner causes him or her considerable suffering or a serious injury or seriously harms his or her health or destroys a population by subjecting it or a part thereof to destructive living condition or in another manner,
shall be sentenced for a crime against humanity to imprisonment for at least one year or for life.
(2) deports or forcibly transfers population lawfully residing in an area,
(3) takes a person as a prisoner or otherwise deprives him or her of his or her liberty in violation of fundamental provisions of international law or causes the involuntary disappearance of a person who has been deprived of his or her liberty,
(4) rapes another, subjects him or her to sexual slavery, forces him or her into prostitution, pregnancy or sterilization or commits other corresponding aggravated sexual violence against him or her,
(5) engages in racial discrimination or persecutes a recognizable group or community on the basis of political opinion, race, nationality, ethnic origin, culture, religion or gender or on other comparable grounds,
An attempt is punishable."
"Section 4 – Aggravated crime against humanity (212/2008)
If in a crime against humanity(1) the offence is directed against a large group of persons,
An attempt is punishable."
(2) the offence is committed in an especially brutal, cruel or degrading manner or
(3) the offence is committed in an especially planned or systematic manner, and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for an aggravated crime against humanity to imprisonment for at least eight years or for life.
Criminal Code of Finland. (39/1889, amendments up to 766/2015 included). [ENG] Genocide
Genocide is included in Chapter 11 ("War crimes and crimes against humanity"), Sections 1 and 2, of the Criminal Code of Finland:
"Section 1 - Genocide (212/2008)
See:
(1) A person who for the purpose of entirely or partially destroying a national, ethnic, racial or religious group or another comparable group(1) kills members of the group,
(2) An attempt is punishable."
(2) inflicts grievous bodily or mental illness or injuries on members of the group,
(3) subjects the group to such living conditions that can cause the physical destruction of the group in whole or in part,
(4) undertakes forcible measures to prevent procreation among the group, or
(5) forcibly moves children from one group to another, shall be sentenced for genocide to imprisonment for at least four years or for life.
"Section 2 - Preparation of genocide (212/2008)
A person who for the purpose referred to in section 1
(1) conspires with another to commit genocide, or
(2) makes a plan for genocide
shall be sentenced for preparation of genocide to imprisonment for at least four months and at most four years."
Criminal Code of Finland. (39/1889, amendments up to 766/2015 included). [ENG] War Crimes
War crimes are provided for under Chapter 11 ("War crimes and crimes against humanity"), Sections 5-9, of the Criminal Code of Finland:
See:Criminal Code of Finland. (39/1889, amendments up to 766/2015 included). [ENG]
Jurisdiction ◼ Chapter 1 ("Scope of application of the criminal law of Finland"), Section 7, of the Criminal Code of Finland provides the following with regards to criminal liability for crimes committed abroad:
"Section 7 - International offence (626/1996)
See: Criminal Code of Finland. (39/1889, amendments up to 766/2015 included). [ENG]
(1) Finnish law applies to an offence committed outside of Finland where the punishability of the act, regardless of the law of the place of commission, is based on an international agreement binding on Finland or on another statute or regulation internationally binding on Finland (international offence). Further provisions on the application of this section shall be issued by Decree.
(2) Regardless of the law of the place of commission, Finnish law applies also to a nuclear explosive offence or the preparation of an endangerment offence that is to be deemed an offence referred to in the Comprehensive Nuclear Test Ban Treaty (Treaties of Finland 15/2001) (841/2003)
(3) Regardless of the law of the place of commission, Finnish law applies also to trafficking in persons, aggravated trafficking in persons and an offence referred to in Chapter 34(a) committed outside of Finland. (650/2004)"
Decree on the application of Chapter 1, section 7 of the Criminal Code (627/1996) Section 1
[1] In the application of Chapter 1, section 7 of the Criminal Code, the following offences are deemed international offences:(1) counterfeiting currency, the preparation of the counterfeiting of currency, or the use of counterfeited currency, referred to in the International Convention for the Suppression of Counterfeiting Currency (Treaties of Finland 47/1936) and counterfeiting of the euro referred to in article 7, paragraph 2 of the Council framework decision of 29 May 2000, on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (Official Journal L 140, 14 June 2000), (370/2001)
(2) Also a punishable attempt of and punishable participation in an offence referred to in subsection 1 is deemed an international offence."
(2) a crime against humanity, aggravated crime against humanity, war crime and aggravated war crime defined in the Charter of Rome of the International Criminal Court (Treaties of Finland 56/2002) or other corresponding punishable criminal act which should be deemed a grave breach of the Geneva Conventions for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, Relative to the Treatment of Prisoners of War, and Relative to the Protection of Civilian Persons in Time of War (Treaties of Finland 8/1955), as well as the Protocol Additional to the Geneva Conventions, and relating to the protection of victims of international armed conflicts (Treaties of Finland 82/1980), (286/2008)
(3) genocide and the preparation of genocide referred to in the Convention on the Prevention and Punishment of the Crime of Genocide (Treaties of Finland 5/1960),
(4) a narcotics offence, aggravated narcotics offence, preparation of a narcotics offence, promotion of a narcotics offences, promotion of an aggravated narcotics offence, and concealment offence as referred to in the Single Convention on Narcotic Drugs of 1961 (Treaties of Finland 43/1965), the Protocol amending the Single Convention on Narcotic Drugs of 1961 (Treaties of Finland 42/1975), the Convention on psychotropic substances (Treaties of Finland 60/1976), and the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances (Treaties of Finland 44/1994), (1014/2006)
(5) such seizure of aircraft or other punishable act by which the perpetrator unlawfully, by force or threat thereof, seizes or exercises control of an aircraft, that is to be deemed an offence referred to in the Convention for the suppression of unlawful seizure of aircraft (Treaties of Finland 62/1971),
(6) such criminal traffic mischief or aggravated criminal mischief, preparation of an endangerment offence or other punishable act that is to be deemed an offence referred to in the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation (Treaties of Finland 56/1973),
(7) murder, assault or deprivation of liberty directed against the person of an internationally protected person, or violent attack upon the official premises, the private accommodation or the means of transport of such a person, or a threat thereof, referred to in the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (Treaties of Finland 63/1978),
(8) taking of a hostage or other deprivation of liberty referred to in the International Convention against the Taking of Hostages (Treaties of Finland 38/1983),
(9) such torture for the purpose of obtaining a confession, assault, aggravated assault or other punishable act that is to be deemed torture referred to in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Treaties of Finland 60/1989),
(10) such nuclear device offence, endangerment of health, nuclear energy use offence or other punishable act directed at or committed by using nuclear material that is be deemed an offence referred to in the Convention on the Physical Protection of Nuclear Material (Treaties of Finland 72/1989),
(11) such deprivation of liberty, aggravated deprivation of liberty, abduction, sabotage, endangerment or other punishable act that is to be deemed an offence referred to in the European Convention on the Suppression of Terrorism (Treaties of Finland 16/1990), (353/1997)homicide, assault, deprivation of liberty or robbery directed at a person on board a vessel or aircraft, or seizure, theft or damage of a vessel, aircraft or property on board a vessel or aircraft that is to be deemed piracy as referred to in the United Nations Convention on the Law of the Seas (Treaties of Finland 50/1996), (118/1999)
(12) such violation of the prohibition of chemical weapons referred to in the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Treaties of Finland 19/1997), (118/1999)
(13) such unlawful act directed against the safety of maritime navigation that is referred to in the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (Treaties of Finland 11/1999), (537/2000)
(13(a)) such violation of the prohibition of biological weapons referred to in the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare (Treaties of Finland 23/1929) and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (Treaties of Finland 15/1975), (286/2008)
(14) such unlawful act that is directed against the safety of fixed platforms located on the continental shelf as is referred to in the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf (Treaties of Finland 44/2000), (739/2001)
(15) such crime against United Nations and associated personnel as is referred to in the Convention on the Safety of United Nations and Associated Personnel (Treaties of Finland 2-3/2001), (510/2002)
(16) such offence against a place of public use, state or government facility, a public transportation system or an infrastructure facility as is referred to in the International Convention for the Suppression of Terrorist Bombings (Treaties of Finland 60/2002),
(17) such financing of terrorism as is referred to in the International Convention for the Suppression of the Financing of Terrorism (Treaties of Finland 74/2002), (859/2003)
(18) such wilful killing or causing of serious injury to civilians as is referred to in the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-traps and other Devices as amended on 3 May 1996 (Treaties of Finland 91/1998). (859/2003)
◼ Miscellaneous provisions of the Criminal Code of Finland applicable to core international crimes:Chapter 2(c) – Imprisonment (780/2005)
See:
General provisions [...]
"Section 11 – Service of the entire sentence in prison (780/2005)
(1) In imposing a sentence the court may on the request of the prosecutor order that the convicted person shall not be released until he or she has served the entire sentence if: (1) the offender is sentenced to a fixed-term sentence of imprisonment for at least three years for murder, homicide, killing, aggravated assault, aggravated rape, aggravated sexual abuse of a child, aggravated robbery, aggravated criminal mischief, genocide, crime against humanity, aggravated crime against humanity, war crime, aggravated war crime, torture, aggravated trafficking in persons, taking of a hostage, aggravated endangerment of health, nuclear device offence, hijacking, an offence committed with terrorist intent or an attempt of or complicity in such offence, (990/2009)
(2) during the ten years preceding the offence the offender had been guilty of an offence mentioned in subsection 1 or an offence mentioned in subsection 1 had been committed within three years of his or her release after having served the full sentence in prison or after having served life imprisonment or after he or she had been conditionally released in the manner referred to in section 12, subsection 1, and
(3) on the basis of the factors apparent in the offences and the investigation referred to in Chapter 17, section 37, subsection 3 of the Code of Judicial Procedure the offender is to be deemed particularly dangerous to the life, health or freedom of another.
(2) When a joint fixed-term sentence of imprisonment is imposed for two or more offences, a prerequisite for the decision referred to in subsection 1 is that at least one of the offences is mentioned in said subsection and that the sentence imposed for it separately would be a fixed-term sentence of imprisonment of at least three years."
"Chapter 8 - Statute of limitations [...]
Section 10 – Lapse of an imposed sentence of imprisonment (297/2003) (1) A sentence of life imprisonment and a fixed-term sentence of imprisonment imposed for genocide, a crime against humanity, an aggravated crime against humanity, a war crime or an aggravated war crime shall not lapse. (212/2008)
(2) A fixed-term sentence of imprisonment shall lapse if its enforcement has not been started within the periods below, counted from the date when the sentence became final:(1) within twenty years, if the sentence is for a fixed period of over eight years, (2) within fifteen years, if the sentence is over four years and at most eight years, (3) within ten years, if the sentence is over one year and at most four years, and (4) within five years, if the sentence is at most one year.
(3) A conversion sentence for unpaid fines shall lapse if its enforcement has not been started within three years of the date when the judgment became final."
"Chapter 11 – War crimes and crimes against humanity (212/2008) [...]
Section 10(a) – Aggravated ethnic agitation (511/2011)
If the ethnic agitation involves incitement or enticement
(1) to genocide or the preparation of genocide, a crime against humanity, an aggravated crime against humanity, a war crime, an aggravated war crime, murder, or manslaughter committed for terrorist intent, or
(2) to serious violence other than what is referred to in paragraph 1 so that the act clearly endangers public order and safety, and the ethnic agitation also when assessed as a whole is aggravated, the offender
shall be sentenced for aggravated ethnic agitation to imprisonment for at least four months and at most four years."
"Chapter 15 - Offences against the administration of justice (563/1998) [...]
Section 10 - Failure to report a serious offence (563/1998)
(1) A person who knows of imminent genocide, preparation of genocide, crime against humanity, aggravated crime against humanity, war crime, aggravated war crime, torture, breach of the prohibition of chemical weapons, breach of the prohibition of biological weapons, compromising of the sovereignty of Finland, treason, aggravated treason, espionage, aggravated espionage, high treason, aggravated high treason, rape, aggravated rape, aggravated sexual abuse of a child, murder, manslaughter, killing, aggravated assault, robbery, aggravated robbery, trafficking in persons, aggravated trafficking in persons, hostage taking, aggravated criminal mischief, aggravated endangerment of health, nuclear device offence, hijacking, an offence committed with terrorist intent referred to in Chapter 34(a), section 1, subsection 1(3), aggravated impairment of the environment or aggravated narcotics offence, and fails to report it to the authorities or the endangered person when there still is time to prevent the offence, shall be sentenced, if the offence or a punishable attempt thereof is committed, for a failure to report a serious offence to a fine or to imprisonment for at most six months. (990/2009)
(2) However, a person shall not be sentenced for failure to report a serious offence, if, in order to prevent the offence, he or she would have had to denounce his or her present or former spouse, present cohabiting partner, a sibling, a direct ascendant or descendant, or a person with whom he or she has a corresponding couple relationship or close relationship corresponding to kinship."Criminal Code of Finland. (39/1889, amendments up to 766/2015 included). [ENG]
Information submitted by Finland on the scope and application of the principle of universal jurisdiction in accordance with General Assembly resolution 64/117
General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010). [ENG]
International Criminal Court
Act on the implementation of the provisions of a legislative nature of the Rome Statute of the International Criminal Court and on the application of the Statute. (No 1284/2000). 28 December 2000. [ENG]
Rome Statute of the International Criminal Court: The Republic of Finland signed the Rome Statute of the International Criminal Court on 07 October 1998 and deposited its instrument of ratification on 29 December 2000.
With regard to the declaration made by Uruguay upon ratification, the Republic of Finland made the following objection:"The Government of Finland has carefully examined the contents of these interpretative declarations, in particular the statement that "as a State party to the Rome Statute, the Eastern Republic of Uruguay shall ensure its application to the full extent of the powers of the State insofar as it is competent in that respect and in strict accordance with the Constitutional provisions of the Republic." Such a statement, without further specification, has to be considered in substance as a reservation which raises doubts as to the commitment of Uruguay to the object and purpose of the Statute.
The Government of Finland would like to recall Article 120 of the Rome Statute and the general principle relating to internal law and observance of treaties, according to which a party may not invoke the provisions of its internal law as justification for its failure to perform a treaty.
The Government of Finland therefore objects to the above-mentioned reservation made by the Eastern Republic of Uruguay to the Rome Statute of the International Criminal Court. This objection shall not preclude the entry into force of the Statute between Finland and Uruguay. The Statute will thus become operative between the two states without Uruguay benefiting from its reservation."
Upon ratification the Republic of Finland made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:
"Pursuant to article 87 (1) (a) of the Statute, the Republic of Finland declares that requests for cooperation shall be transmitted either through the diplomatic channel or directly to the Minsitry of Justice, which is the authority competent to receive such requests. The Court may also, if need be, enter into direct contact with other competent authorities of Finland. In matters relating to requests for surrender the Ministry of Justice is the only competent authority.
Pursuant to article 87 (2) of the Statute, the Republic of Finland declares that requests from the Court and any documents supporting such requests shall be submitted either in Finnish or Swedish, which are the official languages of Finland, or in English which is one of the working languages of the Court."
International Criminal Tribunal for the Former Yugodlavia - ICTY
Act on the jurisdiction of the International Tribunal for the prosecution of persons responsible for crimes committed in the territory of the former Yugoslavia and on legal assistance to the international tribunal.
(12/1994; amendments to 747/2015 included). [ENG]
Judgment of the District Court of Porvoo (now District Court of Itä-Uusimaa) in the case of François Bazaramba.
District Court of Itä-Uusimaa (formerly District Court of Porvoo), Judgment 10/423, Division 1, Docket no. R 09/404, 11 June 2010. [ENG]Official Record of the Judgment in the case of François Bazaramba.
District Court of Itä-Uusimaa, Judgment 10/423, Division 1, Docket no. R 09/404, 11 June 2010. [ENG]Press release regarding the conviction of Francois Bazaramba for genocide.
District Court of Itä-Uusimaa, Division 1, 11 June 10. [ENG]
The Constitution of Finland. 11 June 1999. (731/1999, amendments up to 1112/2011 included)
Finlex, Finnish Ministry of Justice. [ENG]. [Last accessed 15Nov17]. [External Link]
The Criminal Code of Finland
Finlex, Finnish Ministry of Justice. [ENG]. [Last accessed 15Nov17]. [External Link]
Criminal Procedure Act
Finlex, Finnish Ministry of Justice. [ENG]. [Last accessed 15Nov17]. [External Link]
Code of Judicial Procedure
Finlex, Finnish Ministry of Justice. [ENG]. [Last accessed 15Nov17]. [External Link]
Finlex Data Bank
(Online database of up-to-date legislative and other judicial information of Finland. Finlex is owned by Finland's Ministry of Justice. Most of the databases are only available in Finnish and Swedish. Some translations of Finnish acts and decrees are also available in English and other languages. Case-Law in legal literature database is also available in English). [FIN/SWE/ENG]. [Last accessed 15Nov17]. [External Link]
Legal Guide to Finland
(U.S. Law Library of Congress). [ENG]. [Last accessed 15Nov17]. [External Link]
List of International Humanitarian Law Treaties to which Finland is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 15Nov17]. [External Link]