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Crimes Crimes against Peace / Crime of Aggression
➤ Section XII and Chapter 34 of the Criminal Code of the Russian Federation (1996) are devoted to Crimes against the Peace and Security of Mankind. Articles 353 and 354 under the said Chapter, provide as follows in respect of crimes against peace:
"Article 353. Planning, Preparing, Unleashing, or Waging on Aggressive War
See:
1. Planning, preparing, or unleashing an aggressive war
Shall be punishable by deprivation of liberty for a term of seven to fifteen years.
2. Waging an aggressive war,
Shall be punishable by deprivation of liberty for a term of 10 to 20 years."
"Article 354. Public Appeals to Unleash an Aggressive War
1. Public appeals to unleash an aggressive war,
Shall be punishable with a fine in an amount of up to 300 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to two years, or by deprivation of liberty for a term of up to three years.
2. The same deeds, committed with the use of the mass media or by a person who holds a state post of the Russian Federation or a state post of a subject of the Russian Federation,
Shall be punishable with a fine in an amount of 100 thousand to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by deprivation of liberty for a term up to five years, with disqualification from holding specific offices or engaging in specified activities for a term of up to three years."
The Criminal Code of the Russian Federation. No. 63-FZ, 13 June 1996. [ENG]
➤ The former Union of Soviet Socialist Republics, to which the Russian Federation is a State-successor, was a co-signatory of the Moscow Declaration of 1943, the London Agreement of 1945 and the Nuremberg Charter, which provide for the prosecution and punishment of major war criminals of the European Axis. Crimes against Peace are included in Article II of Allied Control Council Law No. 10 and Article 6 of the Charter of the Nuremberg International Military Tribunal. See:Allied Control Council Law No. 10.
Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10, Volume XV, Nuernberg, October 1946-April 1949, Washington, DC : United States Government Printing Office, 1953, pp. 23-28. [ENG]Charter of the Nürnberg International Military Tribunal.
Nazi Conspiracy and Aggression. United States Printing Office. Washington, 1946.
Vol I, pp. 4-12. [ENG]London Agreement of August 8th 1945.
Agreement by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union Of Soviet Socialist Republics for the Prosecution and Punishment of the Major War Criminals of the European Axis, Nazi Conspiracy and Aggression, United States Printing Office, Washington, 1946. Vol I, pp. 1-3. [ENG]Moscow Declaration concerning Responsibility of Hitlerites for Committed Atrocities.
Moscow, 30 October 1943. [ENG]Crimes Against Humanity
No specific provision.
➤ The former Union of Soviet Socialist Republics, to which the Russian Federation is a State-successor, was a co-signatory of the Moscow Declaration of 1943, the London Agreement of 1945 and the Nuremberg Charter, which provide for the prosecution and punishment of major war criminals of the European Axis. Crimes against humanity are included in Article II of Allied Control Council Law No. 10 and Article 6 of the Charter of the Nuremberg International Military Tribunal. See:Allied Control Council Law No. 10.
Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10, Volume XV, Nuernberg, October 1946-April 1949, Washington, DC : United States Government Printing Office, 1953, pp. 23-28. [ENG]Charter of the Nürnberg International Military Tribunal.
Nazi Conspiracy and Aggression. United States Printing Office. Washington, 1946.
Vol I, pp. 4-12. [ENG]London Agreement of August 8th 1945.
Agreement by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union Of Soviet Socialist Republics for the Prosecution and Punishment of the Major War Criminals of the European Axis, Nazi Conspiracy and Aggression, United States Printing Office, Washington, 1946. Vol I, pp. 1-3. [ENG]Moscow Declaration concerning Responsibility of Hitlerites for Committed Atrocities.
Moscow, 30 October 1943. [ENG]
➤ Additionally, Article 1 in fine of the Law of the Russian Federation on Forcibly Displaced Persons provides that "[N]o person may be recognized as forcibly displaced if he/she has committed a crime against peace and humanity or another grave international crime." See:
Law of 1993 on Forcibly Displaced Persons. 19 February 1993. [ENG] Genocide
Genocide is defined in Section XII, Chapter 34, Article 357 of the Criminal Code of the Russian Federation (1996):
"Article 357. Genocide
Actions aimed at the complete or partial extermination of a national, ethnic, racial or religious group as such by killing its members, inflicting grave injuries to their health, forcible prevention of childbirth, forcible transfer of children, forcible resettlement, or by any other method of creating living conditions meant for the physical destruction of the members of this group,
Shall be punishable by deprivation of liberty for a term of 12 to 20 years with restriction of liberty for a term of up to two years, or by deprivation of liberty for life, or by capital punishment."
The Criminal Code of the Russian Federation. No. 63-FZ, 13 June 1996. [ENG] War Crimes
➤ War crimes are included in Section XII, Chapter 34, Article 356 of the Criminal Code of the Russian Federation (1996):
"Article 356. Use of Banned Means and Methods of Warfare
In addition, Article 359 of the Criminal Code punishes mercenarism.
1. Cruel treatment of prisoners of war or civilians, deportation of civilian populations, plunder of national property in occupied territories, and use in a military conflict of means and methods of warfare, banned by an international treaty of the Russian Federation,
Shall be punishable by deprivation of liberty for a term of up to 20 years.
2. Use of weapons of mass destruction, banned by an international treaty of the Russian Federation,
Shall be punishable by deprivation of liberty for a term of 10 to 20 years."
The Criminal Code of the Russian Federation. No. 63-FZ, 13 June 1996. [ENG]
➤ Articles 29 to 33 of the USSR Law on Criminal Responsibility for Military Offences (1958) includes a series of war crimes, such as ill-treatment of prisoners of war, looting, violence against the civilian population, including unlawful destruction of property and the illegal use of the Red Cross and Red Crescent emblems:
Закон об уголовной ответственности за воинские преступления. (Law on Criminal Liability for Military Offences (1958)). Law of the USSR of 25 December 1958 b/n. [RUS]
➤ The former Union of Soviet Socialist Republics, to which the Russian Federation is a State-successor, was a co-signatory of the Moscow Declaration of 1943, the London Agreement of 1945 and the Nuremberg Charter, which provide for the prosecution and punishment of major war criminals of the European Axis. War crimes are included in Article II of Allied Control Council Law No. 10 and Article 6 of the Charter of the Nuremberg International Military Tribunal. See:Allied Control Council Law No. 10.
Trials of War Criminals before the Nuremberg Military Tribunals under Control Council Law No. 10, Volume XV, Nuernberg, October 1946-April 1949, Washington, DC : United States Government Printing Office, 1953, pp. 23-28. [ENG]Charter of the Nürnberg International Military Tribunal.
Nazi Conspiracy and Aggression. United States Printing Office. Washington, 1946.
Vol I, pp. 4-12. [ENG]London Agreement of August 8th 1945.
Agreement by the Government of the United States of America, the Provisional Government of the French Republic, the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Union Of Soviet Socialist Republics for the Prosecution and Punishment of the Major War Criminals of the European Axis, Nazi Conspiracy and Aggression, United States Printing Office, Washington, 1946. Vol I, pp. 1-3. [ENG]Moscow Declaration concerning Responsibility of Hitlerites for Committed Atrocities.
Moscow, 30 October 1943. [ENG]
Other Documents relating to International Humanitarian Law:
Ordre du Ministre de la Défense sur la promulgation des Conventions de Genève et leur Protocoles additionnels. (Minister of Defence Order No. 75 of 16 February 1990 promulgating the Geneva Conventions of 12 August 1949 relative to the protection of victims of war and their Additional Protocols. This Order also provides with guidelines for the application of International Humanitarian Law).
Ordre du Ministre de la Défense de l'URSS Nº 75, Moscou, 16 février 1990. [FRA]
[Other documents relating to International Humanitarian Law include, inter alia, the following: Manual of International Humanitarian Law for the Armed Forces of the Russian Federation (approved by the Minister of Defense of the Russian Federation on 08 August 2001); Order of the Minister of Defense of the Russian Federation No. 360 of August 8, 2001 "On Measures for Compliance with the Standards of International Humanitarian Law in the Armed Forces of the Russian Federation; Minister of Defence Order No. 333 of 29 May 1999 "On Legal Training in the Armed Forces of the Russian Federation”; and Service Regulations of the Armed Forces of the Russian Federation (Military Publishing House, Moscow, 1994).]
Amnesties:
Постановление Государственной Думы Федерального Собрания Российской Федерации о порядке применения постановления Государственной Думы Федерального Собрания Российской Федерации "Об объявлении амнистии". (Resolution of the State Duma of the Federal Assembly of the Russian Federation on the implementation of the Resolution of the State Duma "On the Declaration of Amnesties", State Duma of the Federal Assembly of the Russian Federation, No. 4148-II GD, 18 June 1999)
N 4148-II ГД , Москва, 18 июня 1999 года. [RUS]
Déclaration de l'amnistie pour les personnes ayant commis des actes socialement dangereux en rapport avec le conflit armé dans la République de Tchétchénie. (Amnesty declaration with respect to persons who committed socially dangerous acts in connection with the armed conflict in the Chechen Republic).
Résolution Nº 2038, Douma d'Etat de l'Assemblée fédérale de la Fédération de Russie, 15 mars 1997. [FRA]
Documents relating to victims of political repression:
Закон о реабилитации жертв политических репрессий. (Текущая редакция на 01.01.2006 г.)
[Law on the rehabilitation of victims of political repression, 18 October 1991. (Updated 01 January 2006)].
N 1761-И, Дом Советов РСФСР, Москва, 18 октября 1991 года. [RUS]
Закон о реабилитации репрессированных народов. (Текущая редакция на 01.04.1994 г).
[Law on Rehabilitation of Repressed Peoples, 26 April 1991. (Updated 01 April 1994)].
N 1107-I, Дом Советов РСФСР, Москва, 26 апреля 1991 года. [RUS]
Jurisdiction ➤ Territorial and extra territorial jurisdiction are included in Articles 11 and 12 of the Criminal Code of 1996:
"Article 11. The Operation of Criminal Law in Respect of Persons Who Have Committed Crimes on the Territory of the Russian Federation
➤ Article 15(4) of the Constitution provides the following regarding the hierarchy of international law norms and treaties:
1. Any person who has committed a crime on the territory of the Russian Federation shall be brought to criminal liability under this Code.
2. Crimes committed within the limits of the territorial sea or the airspace of the Russian Federation shall be deemed to have been performed on the territory of the Russian Federation. The validity of this Code shall also be extended to offences committed on the continental shelf and in the exclusive economic zone of the Russian Federation.
3. A person who has committed a crime on a craft registered in a port of the Russian Federation and situated on the open sea or in the airspace outside the confines of the Russian Federation shall be brought to criminal liability under this Code, unless otherwise is stipulated by an international agreement of the Russian Federation. Under this Code, criminal liability shall also be borne by a person who has committed an offence on board a warship or a military aircraft of the Russian Federation, regardless of the place of their location.
4. The question of the criminal liability of diplomatic representatives of foreign States and other individuals who enjoy immunity shall be settled in conformity with the standards of international law, if these persons have committed crimes on the territory of the Russian Federation."
"Article 12. The Operation of Criminal Law in Respect of Persons Who Have Committed Offences Outside the Boundaries of the Russian Federation
1. Citizens of the Russian Federation and stateless persons permanently residing in the Russian Federation who have committed outside the Russian Federation a crime against the interests guarded by the present Code shall be subject to criminal liability in accordance with the present Code, unless a decision of a foreign state's court exists concerning this crime in respect of these persons.
2. Servicemen of military units of the Russian Federation located beyond the confines of the Russian Federation shall bear criminal liability for their crimes committed on the territories of foreign states under this Code, unless otherwise stipulated by international agreements of the Russian Federation.
3. Foreign nationals and stateless persons who do not reside permanently in the Russian Federation and who have committed crimes outside the boundaries of the Russian Federation shall be brought to criminal liability under this Code in cases where the crimes run against the interests of the Russian Federation or a citizen of the Russian Federation or a stateless person permanently residing in the Russian Federation, and also in the cases provided for by international agreements of the Russian Federation, and unless the foreign citizens and stateless persons not residing permanently in the Russian Federation have been convicted in a foreign state and are brought to criminal liability on the territory of the Russian Federation.""The universally-recognized norms of international law and international treaties and agreements of the Russian Federation shall be a component part of its legal system. If an international treaty or agreement of the Russian Federation fixes other rules than those envisaged by law, the rules of the international agreement shall be applied."
➤ Article 5 of the Federal Law on International Treaties of the Russian Federation provides the following regarding the position of international treaties within the legal system of the Russian Federation:
[Full text of the Constitution of the Russian Federation available under the Resources and Links section below]Article 5. International treaties of the Russian Federation in the legal system of the Russian Federation
1. International treaties of the Russian Federation, along with universally recognized principles and norms of international law, are, in accordance with the Constitution of the Russian Federation, a constituent part of its legal system.
2. If an international treaty of the Russian Federation establishes other rules than those provided for by law, the rules of the international treaty shall apply.
3. The provisions of officially published international treaties of the Russian Federation that do not require the adoption of national acts for their application have direct effect in the Russian Federation. Corresponding legal acts are adopted to implement other provisions of international treaties of the Russian Federation.
[Translation by Equipo Nizkor based on official tranlations by the Supreme Court of the Russian Federation on the same subject-matter]Федеральный закон от 15.07.1995 № 101-ФЗ О международных договорах Российской Федерации.
[Federal Law No. 101-FZ on International Treaties of the Russian Federation, 15 July 1995]. [RUS]
Non-Applicability of Statutory Limitations:
According to Article 78 of the Criminal Code of the Russian Federation, crimes against the peace and security of humankind are not subjet to any statute of limitations:"Article 78. Release from Criminal Liability in Connection with the Expiration of Statutes of Limitation [...]
Additionally, Article 83 of the Criminal Code stipulates the following:
5. The periods of limitation shall not be applied to persons who have committed crimes against the peace and security of humankind, as provided for by Articles 353, 356, 357, and 358 of this Code.""Article 83. Release from Punishment in Connection with the Expiry of the Limitation Period of the Court's Sentence [...]
See:
4. Limitation periods shall not be applicable to persons convicted for the commission of crimes against the peace and the security of mankind, as provided for by Articles 353, 2[sic]56, 10000[sic]357, and 358 of this Code.
The Criminal Code of the Russian Federation. No. 63-FZ, 13 June 1996. [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: The Russian Federation signed the Rome Statute of the International Criminal Court on 13 September 2000. The Russian Federation is not a state party to the Rome Statute of the International Criminal Court.
In a communication received on 30 November 2016, the Government of the Russian Federation informed the Secretary-General of the following:I have the honour to inform you about the intention of the Russian Federation not to become a party to the Rome Statute of the International Criminal Court, which was adopted in Rome on 17 July 1998 and signed on behalf of the Russian Federation on 13 September 2000.
I would kindly ask you, Mr. Secretary-General, to consider this instrument as an official notification of the Russian Federation in accordance with paragraph (a) of Article 18 of the Vienna Convention on the Law of Treaties of 1969.
Notification by Russia of its intention not to become a party to the Rome Statute of the ICC.
C.N.886.2016.TREATIES-XVIII.10 (Depositary Notification), 30 November 2016. [ENG]
Распоряжение О намерении Российской Федерации не стать участником Римского статута Международного уголовного суда. [Presidential Order on the intention of the Russian Federation not to become a state party to the Rome Statute of the International Criminal Court. (Order No. 361-рп of 16 November 2016)].
Распоряжение Президента Российской Федерации от 16.11.2016 г. № 361-рп. [RUS]
Supreme Court Ruling on Application of Universally Recognized Principles and Norms of International Law and of International Treaties of the Russian Federation by Courts of General Jurisdiction. (As amended by Ruling of the Plenary Session of the Supreme Court of the Russian Federation No. 4 of 5 March 2013).
Ruling No. 5, Supreme Court of the Russian Federation, 10 October 2003. [ENG]
Judgment of the Constitutional Court of the Russian Federation on the constitutionality of the Presidential Decrees and the Resolutions of the Federal Government concerning the situation in Chechnya. 31 July 1995. [ENG]
[Summmary of Judgment by the International Committtee of the Red Cross: "On 31 July 1995, the Russian Federation Constitutional Court rendered its decision No. 10P regarding the consitutionality of various presidential decrees and federal government resolutions concerning the situation in Chechnya. The Constitutional Court recognized the applicability of Additional Protocol II with respect to the situation in Chechnya and admitted that the Protocol was not duly respected because insufficient measures had been taken for the national implementation of its provisions. The Court furthermore mentions Additional Protocol II when considering the constitutional legality of the use of the armed forces in such situations".]
Ruling on the constitutionality of Articles 21 and 16 of Law on Rehabilitation of Victims of Political Repression (1995). No. 6-P, Constitutional Court of the Russian Federation, 23 May 1995. [ENG]
Trials under Allied Control Council Law No. 10:
Sentencia del Tribunal Militar de las Tropas Soviéticas de Ocupación en Alemania en el caso del campo de exterminio de Sachsenhausen. (Sentencia en el caso Anton Kaindl y otros.)
[Judgment in the case Anton Kaindl et. al. (Sachsenhausen KZ), Military Tribunal of the Soviet Occupation Troops in Germany, 31 October 1947].
Tribunal Militar de las Tropas Soviéticas de Ocupación en Alemania, 31 octubre 1947. [SPA]
Other Concentration Camps trials include:Gross Rosen concentration camp (12 August 1948 to 7 October 1948) Majdanek extermination camp (Lublin, 27 November 1944 to 2 December 1944) Stutthof concentration camp (before a Soviet/Polish Special Criminal Court at Gdansk, 25 April 1946 to 31 May 1946).
Other trials for crimes committed during the Second World War:Kharkov trial (Kharkov, Ukraine, 15 December 1943 to 18 December 1943) Krasnodar trial (North Caucasian Front, 14 July 1943 to 17 July 1943) Riga trial (26 January 1946 to 3 February 1946).
[After the end of the Second World World numerous trials for offences relating to the German occupation took place in the former USSR. The primary documents not being available or easily accessible, a thorough analysis of the matter could not be conducted.]
- Under construction -
The Constitution of the Russian Federation. (Adopted at National Voting on 12 December 1993)
Garant-Internet. [ENG]. [Last accessed 26Mar18]. [External Link]
The Constitution of the Russian Federation.
Kremlin. [RUS]. [Last accessed 26Mar18]. [External Link]
Criminal Code of the Russian Federation. (Updated)
State Legal Information System. [RUS]. [Last accessed 26Mar18]. [External Link]Allied Control Council Law No. 10. Russian Legal portal: Pashkov Library. [RUS]. [Last accessed 26Mar18]. [External Link]
Criminal Procedure Code of the Russian Federation.
World Intellectual Property Organization - WIPO. [ENG]. [Last accessed 26Mar18]. [External Link to pdf document]
Federal Law No. N 4528-1 of 1993 on Refugees.
refworld, United Nations High Commissioner for Refugees - UNHCR. [ENG]. [Last accessed 28Mar18]. [External Link to pdf document]
Combating glorification of Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of racism, racial discrimination, xenophobia and related intolerance.
United Nations General Assembly, A/C.3/72/L.56/Rev.1, 09 November 2017. [ENG]. [Last accessed 10Apr18]. [External Link]
Third Committee Approves 16 Drafts with Friction Exposed in Contentious Votes on Glorification of Nazism, Cultural Diversity, Right to Development.
United Nations, Meetings Coverage and Press Releases. [ENG]. [Last accessed 10Apr18]. [External Link]
Legislation search engine.
State Legal Information System. [RUS]. [Last accessed 28Mar18]. [External Link]
Legislation of Russia. (Official legislation database).
State Legal Information System. [RUS]. [Last accessed 26Mar18]. [External Link]
State Gazette. (Rossiiskaia Gazeta).
[RUS]. [Last accessed 26Mar18]. [External Link]
State Archives of the Russian Federation. [RUS]. [Last accessed 26Mar18]. [External Link]
International Humanitarian Law on the conduct of armed conflicts and peacekeeping operations. (Legal norms regulating means and methods of conducting armed struggle in the course of armed conflicts).
Military Information Service of the Russian Federation. [RUS]. [Last accessed 28Mar18]. [External Link]
List of International Humanitarian Law Treaties to which the Russian Federation is a State party
International Committee of the Red Cross. [ENG]. [Last accessed 26Mar18]. [External Link]
Background information and contemporary issues:
Russian Affairs. Derechos Human Rights and Equipo Nizkor. [ENG/FRA].
Ukraine Unrest. Derechos Human Rights and Equipo Nizkor. [ENG/FRA/RUS].
Syria War. Derechos Human Rights and Equipo Nizkor. [ENG/FRA].
Nuclear Threat. Derechos Human Rights and Equipo Nizkor. [ENG/FRA/RUS].