Domestic application of international criminal law
Former Yugoslav Republic of Macedonia
Domestic
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Crimes Crime of Aggression
Instigation and calls to aggressive war are a punishable offence under Article 415 (Chapter 34 "Crimes Against Humanity and International Law") of the Criminal Code of the Republic of Macedonia. See:
Criminal Code. (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009). 23 July 1996. [ENG]
[The English version available was obtained from the OSCE website. No information as to the authorship of the English translation has been found.]Crimes Against Humanity
Crimes against Humanity are defined in Article 403-a (Chapter 34 "Crimes Against Humanity and International Law") of the Criminal Code of the Republic of Macedonia. See:
Criminal Code. (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009). 23 July 1996. [ENG] Genocide
Genocide is defined in 403 (Chapter 34 "Crimes Against Humanity and International Law") of the Criminal Code of the Republic of Macedonia. See:
Criminal Code. (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009). 23 July 1996. [ENG] War Crimes
War crimes are defined in Articles 404-407-b, 409-414 and 416 (Chapter 34 "Crimes Against Humanity and International Law") of the Criminal Code of the Republic of Macedonia. See:
Criminal Code. (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009). 23 July 1996. [ENG]
Jurisdiction ➤ The jurisdictional regime for crimes committed abroad is provided for under Article 119 (Chapter 12 "Application of the Criminal Legislature According to the Place of Perpetration of the Crime") of the Criminal Code of the Republic of Macedonia.
➤ Regarding the hierarchical position of international treaties within the Republic of Macedonia, Article 118 of the Constitution states the following:"The international agreements ratified in accordance with the Constitution are part of the internal legal order and cannot be changed by law."
➤ Additionally, according to the Law on Courts of the Republic of Macedonia, adopted in 2006, “[W]hen the court deems that the law that is to be applied in the specific case is not in compliance with the provisions of an international agreement ratified in conformity with the Constitution, it shall apply the provisions of the international agreement provided that they are directly applicable." (Article 18, paragraph 4). Also, the Law on Courts of the Republic of Macedonia entitles courts to use “the exception of unconventionality” while issuing decisions in specific cases.
[See full text of the 2006 Law on Courts of the Republic of Macedonia under the "Resources and Links" Section below].
Other common provisions applicable to crimes against humanity, genocide and war crimes:
Non-applicability of statutory limitations to crimes against humanity, genocide and war crimes: Article 112 of the Criminal Code. Responsibility of commanders and other superiors: Article 416-b of the Criminal Code. Obedience to unlawful orders: Article 416-c of the Criminal Code. Failure to report the commission of crimes against humanity, genocide and war crimes and the instigation of a war of aggression: Article 364 of the Criminal Code. Financing of crimes against humanity: Article 394-c of the Criminal Code. Organizing a group for the commission of crimes against humanity, genocide and war crimes and the instigation of a war of aggression: Article 416-a of the Criminal Code.
See:
Criminal Code. (consolidated version with the amendments from March 2004, June 2006, January 2008 and September 2009). 23 July 1996. [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: The Former Yugoslav Republic of Macedonia signed the Rome Statute of the International Criminal Court 07 October 1998 and deposited its instrument of ratification on 06 March 2002.
On 27 May 2004 the Former Yugoslav Republic of Macedonia made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:".....pursuant to Article 87 (1) of the Statute, that requests from the Court shall be transmitted through the diplomatic channel or directly to the Ministry of Justice, which is the authority competent to receive such requests.
.....pursuant to Article 87 (2) of the Statute, that requests from the Court for cooperation and any documents supporting such requests shall be submitted either in Macedonian which is the official language of the Republic of Macedonia or in English, which is one of the working languages of the Court."
The Constitution of the Republic of Macedonia. (6 January 1992)
UNHCR. [ENG]. [Last accessed 29Aug17]. [External Link to pdf document]
Criminal Code.
Public Attorney's Office, Republic of Macedonia. [MKD/MAC]. [Last accessed 28Aug17]. [External Link]
The Code of Criminal Procedure.
Ministry of Justice, Republic of Macedonia. [ENG]. [Last accessed 28Aug17]. [External Link to pdf document]
The Law on Courts. Official Gazette 58/2006.
OSCE Office for Democratic Institutions and Human Rights. [ENG]. [Last accessed 29Aug17]. [External Link]
Official Gazette of the Republic of Macedonia: Sluzhben Vesnik.
[MKD/MAC]. [Last accessed 28Aug17]. [External Link]
Laws of the Republic of Macedonia.
Pravo.org. [MKD/MAC]. [Last accessed 28Aug17]. [External Link]
List of International Humanitarian Law Treaties to which Macedonia is a State party.
International Committee of the Red Cross. [ENG]. [Last accessed 28Aug17]. [External Link]
The Former Yugoslav Republic of Macedonia and the International Criminal Tribunal for the former Yugoslavia (ICTY):
Boskoski & Tarculovski Case. (IT-04-82)
ICTY. [ENG]. [Last accessed 28Aug17]. [External Link]
The Former Yugoslav Republic of Macedonia Requested to Defer Five Cases to the Competence of the International Tribunal. (CC / P.I.S / 700-e)
ICTY, The Hague, 7 October 2002. [ENG]. [Last accessed 28Aug17]. [External Link]
Decision on the Prosecutor's Request for Deferral and Motion for Order to the Former Yugoslav Republic of Macedonia. In Re: The Republic of Macedonia - Case No. IT-02-55-MISC.6.
ICTY, 4 October 2002. [ENG]. [Last accessed 28Aug17]. [External Link]