Domestic implementation of international criminal law
Republic of Kazakhstan
Domestic Legislation | Resources and Links
Crimes Crime of Aggression / Crimes against Peace
Chapter 4 of the Criminal Code of the Republic of Kazakhstan of 2014 is devoted to Crimes against Peace and Human Security. Chapter 4, Articles 160 and 161, provide as follows in respect of Crimes against Peace:
"Article 160. Planning, preparation, unleashing or conduct of aggressive war
See:
1. Planning or preparation of aggressive war– shall be punished by imprisonment for the term of ten to fifteen years.
2. Unleashing or conduct of aggressive war- shall be punished by imprisonment for the term of fifteen to twenty years or life imprisonment, or death penalty.
Article 161. Propaganda or public call for unleashing of aggressive war
1. Propaganda or public call for unleashing of aggressive war– shall be punished by imprisonment for the term of up to five years.
2. The same action, committed with the use of mass media or information and communication networks or by civil servant, holding responsible state position,- shall be punished by imprisonment for the term of three to seven years with deprivation of the right to occupy determined positions or to engage in a determined activity for the term of up to three years.Criminal Code of the Republic of Kazakhstan. (The Code of the Republic of Kazakhstan dated 3 July 2014 No. 226-V of the Law of the Republic of Kazakhstan)
Unofficial translation into English provided by the Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan. [ENG]Crimes Against Humanity
No provision.
Nevertheless, Kazakhstan ratified the International Convention for the Protection of All Persons from Enforced Disappearance by means of the Law of the Republic of Kazakhstan of 15 December 2008. Article 5 of the said Convention stipulates:"The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law."
And Article 4 of the Constitution of the Republic of Kazakhstan, adopted on August 30, 1995, provides that "International treaties ratified by the Republic shall have priority over its laws and be directly implemented except in cases, when the application of an international treaty requires the issuance of law."Genocide
Article 168 of the Criminal Code of the Republic of Kazakhstan of 2014 provides:
Article 168. Genocide
Kazakhstan acceded to the Convention on the Prevention and Punishment of the Crime of Genocide on 29 June 1998 (By Law of the Republic of Kazakhstan of 29 June 1998).
1. Genocide, in other words intentional actions, directed to complete or partial destruction of national, ethnic, racial or religious group by killing of members of this group, infliction of grievous harm to their health, forcible prevention of childbearing, forcible transfer of children, forced resettlement or creation of other living conditions, rated to physical destruction of members of this group, - shall be punished by imprisonment for the term of fifteen to twenty years or life imprisonment.
2. The same actions, committed in wartime, - shall be punished by imprisonment for the term of fifteen to twenty years or life imprisonment, or death penalty.Criminal Code of the Republic of Kazakhstan. (The Code of the Republic of Kazakhstan dated 3 July 2014 No. 226-V of the Law of the Republic of Kazakhstan)
Unofficial translation into English provided by the Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan. [ENG]War Crimes
War crimes are provided for under Chapter 4 Crimes against Peace and Human Security, Articles 162 to 167 and 169 to 173, of the Criminal Code of the Republic of Kazakhstan of 2014. See:
Criminal Code of the Republic of Kazakhstan. (The Code of the Republic of Kazakhstan dated 3 July 2014 No. 226-V of the Law of the Republic of Kazakhstan)
Unofficial translation into English provided by the Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan. [ENG]
Jurisdiction and Statute of Limitations ◼ Article 4 of the Constitution of the Republic of Kazakhstan, adopted on August 30, 1995, provides the following with regards to the implementation of international treaties ratified by Kazakhstan:
1. The provisions of the Constitution, the laws corresponding to it, other regulatory legal acts, international treaty and other commitments of the Republic as well as regulatory resolutions of Constitutional Council and the Supreme Court of the Republic shall be the functioning law in the Republic of Kazakhstan.
Please note: The regulatory decisions of the Constitutional Council of the Republic of Kazakhstan dated 10.11.2000 (No. 18) and 11.05.2009 (No. 16) need to be considered in relation with the implementation of international treaties at domestic level, but these could not be found. The Constitutional Council has issued considerations on the internationals treaties of the Republic with respect to their compliance with the Constitution before being ratified.
2. The Constitution shall have the highest juridical force and direct effect on the entire territory of the Republic.
3. International treaties ratified by the Republic shall have priority over its laws and be directly implemented except in cases when the application of an international treaty shall require the promulgation of a law.
4. All laws, international treaties of which the Republic is a party shall be published. Official publication of regulatory legal acts dealing with the rights, freedoms and responsibilities of citizens shall be a necessary condition for their application.
Kazakhstan ratified the International Convention for the Protection of All Persons from Enforced Disappearance by means of the Law of the Republic of Kazakhstan of 15 December 2008. Article 5 of the said Convention stipulates:"The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law."
Kazakhstan is also a state party to the main International Humanitarian Law treaties and conventions (see section "Resources and Links" below)
◼ Article 8 of the Criminal Code of Kazakhstan states that:"Article 8. An effect of criminal Law in relation of persons, committed a criminal infraction outside the Republic of Kazakhstan
See:
1. Citizens of the Republic of Kazakhstan, committed a criminal infraction outside the Republic of Kazakhstan shall subject to criminal responsibility under this Code, if an action, committed by them is recognized as criminally liable in the state, in the territory of which it was committed, and if these persons are not convicted in another state. Upon conviction of specified persons, a penalty may not exceed the maximum sanction, provided by the Law of the state in whose territory the criminal infraction was committed. On the same basis the foreigners and stateless persons being in the territory of the Republic of Kazakhstan shall bear responsibility, in the cases where they cannot be extradited to a foreign state for criminal prosecution or service of sentence in accordance with international treaty of the Republic of Kazakhstan.
Provision of this Code shall be applied independent from the place of commission of a crime in relation of citizens of the Republic of Kazakhstan, stateless persons, permanently residing in the territory of the Republic of Kazakhstan, in the cases of commission of terroristic or extremist crime or crimes against peace and human security, unless otherwise established by international treaty of the Republic of Kazakhstan.
2. Conviction and other penal consequence of commission of criminally punishable action by person, in the territory of other state shall not have a criminal legal meaning for resolution of the issue on criminal responsibility of this person for criminal infraction, committed in the territory of the Republic of Kazakhstan, unless otherwise provided by international treaty of the Republic of Kazakhstan or if criminally punishable action, committed in the territory of other state is not affected the national interests of the Republic of Kazakhstan.
3. Military servants of military units of the Republic of Kazakhstan, deployed outside shall bear a criminal responsibility under this Code for criminal infractions, committed in the territory of foreign state, unless otherwise provided by international treaty of the Republic of Kazakhstan.
4. Foreigners, as well as stateless persons, not permanently residing in the territory of the Republic of Kazakhstan, committed a crime outside of the Republic of Kazakhstan shall subject to the criminal responsibility under this Code in the cases, if this action is directed against the interests of the Republic of Kazakhstan, and in the cases, provided by international treaty of the Republic of Kazakhstan, if they are not convicted in other state and arraign on a criminal responsibility in the territory of the Republic of Kazakhstan."Penal Code of the Republic of Kazakhstan. (The Code of the Republic of Kazakhstan dated 3 July 2014 No. 226-V of the Law of the Republic of Kazakhstan)
Unofficial translation into English provided by the Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan. [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of Kazakhstan is not a state party to the Rome Statute of the International Criminal Court.
Constitution of the Republic of Kazakhstan (Constitution adopted on August 30, 1995)
Legal Information System of Regulatory Legal Acts. Ministry of Justice of the Republic of Kazakhstan. [ENG]. [Last accessed 16Nov17]. [External Link]
Constitution of the Republic of Kazakhstan (Constitution adopted on August 30, 1995).
Parliament of the Republic of Kazakhstan. [ENG]. [Last accessed 16Nov17]. [External Link]
Criminal Procedure Code of the Republic of Kazakhstan
(The Code of the Republic of Kazakhstan dated July 4, 2014 No. 231)
Legal Information System of Regulatory Legal Acts. Ministry of Justice of the Republic of Kazakhstan. [ENG]. [Last accessed 16Nov17]. [External Link]
Law of the Republic of Kazakhstan of 15 December 2008 to ratify the International Convention for the Protection of All Persons from Enforced Disappearance
Legal Information System of Regulatory Legal Acts. Ministry of Justice of the Republic of Kazakhstan. [ENG]. [Last accessed 16Nov17]. [External Link]
Legal Information System of Regulatory Legal Acts of the Republic of Kazakhstan
(This official database provides access to the English translation of selected Laws of Kazakhstan). [ENG]. [Last accessed 16Nov17]. [External Link]
Legislative acts and acts of the President of the Republic of Kazakhstan
Official website of the Government of the Republic of Kazakhstan. [ENG]. [Last accessed 16Nov17]. [External Link]
Legal Guide to Kazakhstan
(U.S. Law Library of Congress). [ENG]. [Last accessed 16Nov17]. [External Link]
List of International Humanitarian Law Treaties to which Kazakhstan is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 16Nov17]. [External Link]