Domestic implementation of international criminal law
Lao People's Democratic Republic
Domestic Legislation | Resources and Links
Crimes Crime of Aggression
No specific provision.
Article 60 of the Criminal Code (No. 12/NA, 9 November 2005) provides the following regarding the causing of acts of war:Article 60. (New) Physical Harm Against the Interests of National Security
[Penal Law of the Lao People's Democratic Republic, No. 12/NA, 9 November 2005. Official Translation by the National Assembly of the Lao PDR]
[...]
Any person causing physical harm to leaders coming to visit the Lao PDR or members of their families or accompanying delegation, or to representatives of foreign countries or international organisations who are working in the Lao PDR or members of the families of those representatives, with the purpose of causing division in or undermining international relations or causing acts of war shall be punished by five to fifteen years of imprisonment and shall be fined from 10,000,000 Kip to 150,000,000 Kip.
Where such physical harm results in death, the offender shall be punished by life imprisonment and shall be fined from more than 150,000,000 Kip to 1,000,000,000 Kip, or shall be subject to the death penalty.
In addition to the above punishments, penalties may include the confiscation of property as provided under Article 34 of this law and house arrest.
Any preparation or attempt to commit such an offence shall also be punished.Crimes Against Humanity
No provision
Genocide
No provision
War Crimes
The following articles of the Criminal Code (No. 12/NA, 9 November 2005) of the Lao People's Democratic Republic contain definitions of war crimes:
Article 76. Unlawful Production, Possession and Use of Weapons or Explosives
Any person producing, possessing, keeping, wearing or using weapons of war or explosives in contravention of the laws shall be punished by six months to five years of imprisonment and shall be fined from 500,000 Kip to 10,000,000 Kip.
Article 80. (New) Offence Relating to Chemical Weapons
Chemical weapons consist of toxic or poisonous substances used for human destruction.
Any person who engages in the production, sale, purchase, handing over, exchange, possession or transport of chemical substances for the production of chemical weapons shall be punished as follows:Any person who engages in the production, sale, purchase, handing over, exchange, possession or transport of [chemical weapons], or in inciting or promoting the use of chemical weapons, shall be punished as follows:
- [Any of the above acts involving chemical substances] under five thousand grams shall be punished by five years to six years of imprisonment and shall be fined from 5,000,000 Kip to 6,000,000 Kip;
- [Any of the above acts involving chemical substances] exceeding five thousand grams and up to ten thousands grams shall be punished by six years to eight years of imprisonment and shall be fined from more than 6,000,000 Kip to 8,000,000 Kip;
- [Any of the above acts involving chemical substances] exceeding ten thousand grams shall be punished by eight years to ten years of imprisonment and shall be fined from more than 8,000,000 Kip to 10,000,000 Kip.
Any person who engages in the use of chemical weapons shall be punished as follows:
- [Any of the above acts involving chemical substances] under five thousand grams shall be punished by seven years to eight years of imprisonment and shall be fined from 100,000,000 Kip to 200,000,000Kip;
- [Any of the above acts involving chemical substances] exceeding five thousand to ten thousands grams shall be punished by eight years to ten years imprisonment and shall be fined from more than 200,000,000 Kip to 300,000,000 Kip;
- [Any of the above acts involving chemical substances] exceeding ten thousands grams shall be punished by ten years to twelve years imprisonment and shall be fined from more than 300,000,000 Kip to 500,000,000Kip.
- If [such use] results in minor damage, [such person] shall be punished by five years to twenty years imprisonment and shall be fined 700,000,000 Kip to 1,500,000,000 Kip;
- If [such use] results in medium damage, [such person] shall be punished by life imprisonment and shall be fined 2,000,000,000 Kip to 5,000,000,000 Kip;
- If [such use] results in large damage, [such person] shall be punished by the death penalty. Any attempt to commit such an offence shall also be punished.
[Penal Law of the Lao People's Democratic Republic, No. 12/NA, 9 November 2005. Official Translation by the National Assembly of the Lao PDR]
Jurisdiction Extraterritorial jurisdiction is provided for under Article 4 of the Criminal Code (No. 12/NA, 9 November 2005) of the Lao People's Democratic Republic:
Article 4. Application of Penal Law outside the Territory of the Lao People's Democratic Republic
Lao citizens who commit offences outside the territory of the Lao People's Democratic Republic shall be charged with and punished for such offences if they are defined [as offences under] the Penal Law of the Lao People's Democratic Republic.
Aliens and apatrids residing in the Lao People's Democratic Republic who commit offences outside the territory of the Lao People's Democratic Republic shall also be charged and punished.
Foreign individuals who commit offences outside the territory of the Lao People's Democratic Republic shall be charged and punished as provided in the Penal Law of the Lao People's Democratic Republic if such a case is provided for in international conventions.
[Penal Law of the Lao People's Democratic Republic, No. 12/NA, 9 November 2005. Official Translation by the National Assembly of the Lao PDR]
Due Obedience:
Article 23 of the 2005 Criminal Code provides the following regarding the implementation of orders as a circumstance that can lead to exemption from penal liability:
Article 23. (New) Implementation of Order
The “implementation of an order” shall be regarded as a circumstance that leads to exemption from penal liability if it meets the following criteria:1. [The actor] shall have received an order from a person who has the right and duty to issue the order;
2. The order shall be issued in conformity with laws and regulations;
3. The person implementing the order shall have the right and duty to implement such order;
4. The person implementing the order shall implement the order within the scope of the order and in conformity with laws and regulations.
[Penal Law of the Lao People's Democratic Republic, No. 12/NA, 9 November 2005. Official Translation by the National Assembly of the Lao PDR]
International Criminal Court
Rome Statute of the International Criminal Court: The Lao People's Democratic Republic is not a state party to the Rome Statute of the International Criminal Court.
The Constitution of the Lao People's Democratic Republic.
The National Assembly of the Lao People's Democratic Republic. [ENG]. [Last accessed 08Jun17]. [External Link]
Lao People's Democratic Republic's Constitution of 1991 (with Amendments through 2003).
Comparative Constitutions Project. [ENG]. [Last accessed 08Jun17]. [External Link to pdf document]
Penal Code of the Lao People's Democratic Republic. (No. 12/NA, 9 November 2005. Official Translation by National Assembly)
World Intellectual Property Organization (WIPO). [ENG]. [Last accessed 08Jun17]. [External Link to pdf document]
Law on Criminal Procedure of the Lao People's Democratic Republic.
Embassy of the Republic of Singapore, Vientiane, Lao DPR. [ENG]. [Last accessed 08Jun17]. [External Link to pdf document]
Lao Laws. (Official translation by the Singapore Government and the UNDP)
Embassy of the Republic of Singapore, Vientiane, Lao DPR. [ENG]. [Last accessed 08Jun17]. [External Link]
Lao Official Gazette
Ministry of Justice of Lao DPR. [Last accessed 08Jun17]. [External Link]
Guide to Law Online: Laos. Law Library of Congress.
[ENG]. [Last accessed 08Jun17] [External Link]
List of International Humanitarian Law Treaties to which the Lao People's Democratic Republic is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 07Mar17]. [External Link]