Domestic implementation of international criminal law
Georgia
Domestic Legislation | Resources and Links
Crimes Crime of Aggression / Crimes against Peace
◼ Chapter XLVII of the Criminal Code of Georgia is devoted to "Crime against Humanity, Peace and Security and against the International Humanitarian Law". This Chapter forms part of Section Fourteen, "Offence against Humankind". Articles 404 and 405 under Chapter XLVII provide as follows in respect of Crimes against Peace:
"Article 404 - Planning, preparation, commencement or execution of an act of aggression
Article 406, concerning the "Manufacturing, purchasing or selling weapons of mass destruction", is also included in this Chapter.
1. The planning or preparation of an act of aggression, -
shall be punished by imprisonment for a term of seven to fifteen years.
2. The commencement or execution of an act of progression, -
shall be punished by imprisonment for a term of fifteen to twenty years or with life imprisonment.""Note:
1. For the act provided for by this article, a person who, due to his/her position, is able to exercise efficient control or management over the state political or military actions, shall incur criminal liability.
2. For the purposes of this Chapter, an "act of aggression" shall mean the use of the armed forces of the State against another state's sovereignty, territorial integrity or political independence, or in any other manner, which contradicts the Charter of the United Nations.
3. A person shall incur criminal liability for planning, preparation, commencement or execution of such an act of aggression which, in its nature, gravity and extent, clearly violates the Charter of the United Nations."
"Article 405 - Calling for planning, preparation, commencement or execution of an act of aggression
1. Calling for planning, preparation, commencement or execution of an act of aggression, -
shall be punished by a fine or imprisonment for up to three years.
2. The same act committed using mass media or by a public political official, -
shall be punished by a fine or imprisonment for a term of two to five years, with deprivation of the right to carry out a particular activity for up to three years."
See: Criminal Code of Georgia. 22 July 1999. (Consolidated version. As amended up to 22 December 2016)
Legislative Herald of Georgia - LHG, 41(48), 13 August 1999. [ENG]
◼ Additionally, Georgia ratified the Kampala amendments to the Rome Statute on the crime of aggression on 05 December 2014. See:Georgia ratifies the amendments to the Rome Statute on the crime of aggression.
ICC-ASP-20141208-PR1072, Assembly of States Parties to the International Criminal Court, The Hague, 08Dec14 [ENG]Crimes Against Humanity
Article 408 of the Criminal Code of Georgia provides:
"Article 408 - Crime against Humanity
See:
Crime against humanity, i.e. any act committed in the form of a large-scale or systematic assaults on civilian population or persons, manifested in murder, mass extermination, serious health injury, deportation, illegal imprisonment, torture, rape, sexual slavery, coercion of prostitution, forced pregnancy and sterilisation, persecution of a group of persons based on political, racial, national, ethnic, cultural, religious, sexual and other signs, apartheid and other inhuman treatment, which substantially impair the physical and/or mental condition of a person, -
shall be punished by imprisonment for a term of twelve to twenty years or with life imprisonment."Criminal Code of Georgia. 22 July 1999. (Consolidated version. As amended up to 22 December 2016)
Legislative Herald of Georgia - LHG, 41(48), 13 August 1999. [ENG]Genocide
Article 407 of the Criminal Code of Georgia provides:
"Article 407 -Genocide
See:
Genocide, i.e. an act committed in order to accomplish an agreed plan to annihilate, in full or in part, a group the members of which are united by national, ethnic, racial, religious or any other signs and where such action has been manifested in the murder, serious bodily injury, intentional creation of hard living conditions for the group members, or in the forced reduction of their birth-rate or the forced transfer of children from one ethnic group to another, -
shall be punished by imprisonment for a term of twelve to twenty years or with life imprisonment."Criminal Code of Georgia. 22 July 1999. (Consolidated version. As amended up to 22 December 2016)
Legislative Herald of Georgia - LHG, 41(48), 13 August 1999. [ENG]War Crimes
War crimes are provided for under Articles 410-413 of the Criminal Code of Georgia
See:Criminal Code of Georgia. 22 July 1999. (Consolidated version. As amended up to 22 December 2016)
Legislative Herald of Georgia - LHG, 41(48), 13 August 1999. [ENG]
Jurisdiction and statute of limitations ◼ Article 5 of the Criminal Code of Georgia, provides the following with regards to criminal liability for crimes committed abroad:
"Article 5 - Criminal liability for crimes committed abroad
See:
1. Citizens of Georgia and persons having a status of stateless person in Georgia, who have committed abroad such an act that is stipulated under this Code and that is considered to be a crime under the legislation of the state where it was committed, shall be criminally liable under this Code.
2. Citizens of Georgia and persons having a status of stateless person in Georgia who have committed abroad such act that is stipulated by this Code and that is not considered to be a crime under the legislation of the state where it was committed, shall be criminally liable under this Code, provided that the act constitutes a serious or particularly serious crime directed against the interests of Georgia or if criminal liability for this crime is prescribed by the treaties to which Georgia is a party.
3. Foreigners and stateless persons who commit crimes abroad shall be criminally liable under this Code, provided that the act constitutes a serious or particularly serious crime against the interests of Georgia or if criminal liability for this crime is prescribed by the treaties to which Georgia is a party.
4. Citizens of Georgia and persons having a status of stateless person in Georgia who have committed abroad such an act that is stipulated by Articles 221, 338, 339 or 3391 and that is not considered to be a crime under the legislation of the state where it was committed, shall be criminally liable under this Code.
5. Foreign citizens and stateless persons who have committed abroad such an act that is stipulated by this Code and who exercise public legal powers for Georgia, shall be criminally liable under this Code for committing a crime provided for by Articles 221, 338, 339 or 3391 of this Code."Criminal Code of Georgia. 22 July 1999. (Consolidated version. As amended up to 22 December 2016)
Legislative Herald of Georgia - LHG, 41(48), 13 August 1999. [ENG]
International Criminal Court
Law of Georgia on Cooperation of Georgia with the International Criminal Court. 14 August 2003. (As amended up to 01 May 2015)
Legislative Herald of Georgia - LHG, 26, 20 August 2003. [ENG]
Rome Statute of the International Criminal Court: Georgia signed the Rome Statute of the International Criminal Court on 18 July 1998 and deposited its instrument of ratification on 05 September 2003.
Upon ratification Georgia made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:".....according to the Chapter 8, Section 2 of the Rome Statute any request for cooperation or additional documentation shall be provided in Georgian language or in adequate translation." *
[*1. Should read "Article 87, paragraph 2".]"30 April 2009
"... based on Article 3, Paragraph 1 of the law of Georgia on “Cooperation of Georgia and the International Criminal Court”, the Ministry of Justice of Georgia is the delegated authority to be a counterpart to the Criminal Court.
Based on Article 9 of the same law, written communication between two organs must be conducted in Georgian language or the document has to have the annex in Georgian language.
Based on the regulation of the Ministry of Justice of Georgia, the Department for International Public Law of the Ministry of Justice of Georgia is the contact organ for the International Criminal Court.
The contact information for the department is: Tel (+995 32) 40 51 60/34; Fax(+995 32) 40 51 60."
[Source: Chapter XVIII Penal Matters, 10. Rome Statute of the International Criminal Court, Office of Legal Affairs, United Nations. By way of: United Nations Treaty Collection Website]
Constitution of Georgia. (Consolidated version)
24/08/1995. Legislative Herald of Georgia. [ENG]. [Last accessed 22Mar17]. [External Link]
Criminal Code of Georgia. (Updated and consolidated publication)
LHG, 41(48), 13/08/1999. Legislative Herald of Georgia. [ENG]. [Last accessed 22Mar17]. [External Link]
Criminal Procedure Code of Georgia. (Updated and consolidated publication)
LHG, 31, 13/11/1009. Legislative Herald of Georgia. [ENG]. [Last accessed 22Mar17]. [External Link]
Legislative Herald of Georgia
(A regularly updated website providing all normative acts adopted by state agencies, as well as international agreements, decisions by the Constitutional Court, local self-government acts, and public statements. The Legislative Herald of Georgia, established in 1998, is a legal entity under public law within the Ministry of Justice of Georgia representing an official gazette of Georgia. A normative act acquires legal effect once posted on matsne.gov.ge). [ENG]. [Last accessed 22Mar17]. [External Link]
Legal Guide to Georgia
(U.S. Law Library of Congress). [ENG]. [Last accessed 22Mar17]. [External Link]
List of International Humanitarian Law Treaties to which Georgia is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 07Mar17]. [External Link]
Contextual Information: South Ossetia Conflict. Equipo Nizkor. [ENG]