Domestic implementation of international criminal law
Republic of Slovenia
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Crimes Crime of Aggression / Crimes against Peace
➤ Aggression is punished in Article 103 of the Criminal Code of Slovenia:
"Aggression
See:
Article 103
(1) An official or other person in a position effectively to exercise control over or to direct the political or military action of the state, who plans, prepares, initiates or executes an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations, shall be sentenced to at least fifteen years in prison.
(2) An act of aggression means the use of armed force against the sovereignty, territorial integrity or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war, shall qualify as an act of aggression:1) invasion of or an armed attack on the territory, sea, aircrafts, ports or vessels of another state, or any military occupation, temporary or permanent, or any annexation by the use of force of the territory of another state or part thereof;
[Source: Slovenian Criminal Code (KZ-1) as amended by KZ-1B]
2) bombardment of or the use of any weapons against the territory of another state;
3) blockade of the ports or coasts of another state;
4) the use of armed forces of one state which are within the territory of another state with the agreement of the receiving state, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;
5) the action of the Republic of Slovenia in allowing its territory, which it has placed at the disposal of another state, to be used by that other state for perpetrating an act of aggression against a third state;
6) the sending of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force of such gravity as to amount to the acts listed above."
Crime of Agression in the Slovenian Criminal Code (KZ-1) as amended by KZ-1B. [ENG]
Criminal Code of Slovenia. (KZ-1). 20 May 2008. [ENG]
➤ Slovenia ratified the Kampala amendments to the Rome Statute on the crime of aggression on 25 September 2013:
Andorra, Cyprus, Slovenia, and Uruguay ratify amendments to the Rome Statute on the crime of aggression and article 8.
ICC-ASP-20131001-PR946, Assembly of States Parties to the International Criminal Court, The Hague, 01 October 2013 .[ENG]Crimes Against Humanity
Crimes against humanity are defined in Article 101 of the Criminal Code of Slovenia:
"Crimes against Humanity
See:
Article 101
Whoever orders or carries out the following acts, which are part of a larger systematic attack against the civilian population and of which the perpetrators is aware:- murder;
shall be sentenced to imprisonment for not less than fifteen years."
- extermination, which means creating such living conditions, inter alia deprivation of access to food and medical supplies, that would lead to partial destruction of population;
- enslavement, which means performing of a particular or all justifications arising from the property right over a person and also include carrying out such justification in trafficking in human beings, especially women and children;
- deportation or forcible transfer of population, which means forcible removal of people by deportation or other forcible acts from the area, in which they have been legally residing, without any reasons allowed according to international law;
- imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
- torture, which means intentional infliction of severe pain, physical or mental suffering on a person whom the perpetrator detained, whereby the torture does not include pain or suffering which is exclusively the result of implementation of legal sanction or is connected thereto.
- rape, sexual slavery, enforced prostitution, forced pregnancy which means illegal detention of a woman who got pregnant by duress with the intention to affect ethnical structure of any population or to perform other severe violations of international law, enforced sterilization, or any other form of sexual violence of comparable gravity;
- persecution, which represents intentional or severe encroachment of fundamental rights contrary to the international law, against any identifiable group or community on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any criminal offence referred to in this Article and in Articles 100, 102 and 103;
- forced disappearance of persons, which means capture, detention or kidnapping of a person carried out by the agents of the State or political organisation, or under its authorisation, support or consent, which then will not admit to this kind of capture or will not provide information on the fate of these persons or their location, with the purpose to deny these persons legal protection for a long period of time;
- the crime of apartheid, which means inhumane acts of a character similar to those mentioned in this Article, committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
- other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
Criminal Code of Slovenia. (KZ-1). 20 May 2008. [ENG] Genocide
Genocide is defined in Article 100 of the Criminal Code of Slovenia:
"Genocide
See:
Article 100
(1) Whoever with the intention of destroying in whole or in part a national, ethnic, racial or religious group or gives the order:- to kill members of the group,
shall be sentenced to imprisonment for not less than fifteen years.
- to cause serious bodily or mental harm to members of the group,
- to intentionally inflict on the group conditions of life calculated to bring about its physical destruction in whole or in part,
- to impose measures to prevent births within the group, or
- to forcibly transfer children of the group to another group
(2) The same punishment shall be imposed on whoever commits any of the acts under the previous paragraph against any group because of the reasons referred to in indent 8 of Article 101."
Criminal Code of Slovenia. (KZ-1). 20 May 2008. [ENG] War Crimes
War crimes are defined in Articles 102, 106 and 107 of the Criminal Code of Slovenia. See:
Criminal Code of Slovenia. (KZ-1). 20 May 2008. [ENG]
Related documents:
Decision on the Establishment and Activities of the Permanent Coordination Group for International Humanitarian Law. 27 March 2014. [ENG]
Decree establishing an Interdepartmental Committee for International Humanitarian Law. 2 April 1999. [ENG]
Law on the Slovenian Red Cross. 26 January 1993. [ENG]
[Please note that this Law was amended by Zakon o spremembah in dopolnitvi Zakona o Rdecem križu Slovenije (ZRKS-A), 28 September 2010. The text of the amendment is only available in Slovenian].
Jurisdiction
➤ According to the information submitted by Slovenia on the scope and application of the principle of universal jurisdiction in accordance with General Assembly resolution 64/117:"The Criminal Code of the Republic of Slovenia regulates the principle of universal jurisdiction in paragraph 2 of Article 13 which deals with "Application of the Penal Code of the Republic of Slovenia to Foreign Citizens who committed a criminal offence abroad". The Code thereby also applies to a foreign national who in a foreign state commits a criminal offence against a foreign state or a foreign national if he is apprehended on the territory of the Republic of Slovenia and is not extradited to a foreign state. In such cases, the sentence imposed by the court cannot be heavier than that provided for by the law of the state where the criminal offence was committed. Conditions to exercise universal jurisdiction are stated in Article 14 as "Special Conditions for Prosecution".
In addition, Article 11 of the Criminal Code provides the following:
According to this principle, the Slovenian Criminal Code is applicable and shall be used against a foreign national who commits abroad a criminal offence and who is apprehended on the territory of the Republic of Slovenia. The principle of universality is subsidiary and bound to the identity of the norm or the principle of double criminality. This means that the act also has to be punishable by the law of the state where the act was committed. There is one exception to the rule: if the act is committed in a foreign state and is not punishable there, the perpetrator may be prosecuted only with the permission of the Minister of Justice, provided that the act, when committed, was considered as criminal offence according to the customary rules and principles recognized by the international community.
According to this rule conditions required by the Slovenian Criminal Code for exercising universal jurisdiction are:
- A criminal offence was committed in a foreign state by a foreign national who is apprehended on the territory of the Republic of Slovenia and is not extradited to the foreign state;
- The act also has to be punishable by the law of the state where it was committed;
- If the act is not punishable in both states, the jurisdiction may still be exercised if, at the time of execution, the act is considered a criminal offence according to the customary rules and principles recognized by the international community (e.g. terrorism, piracy, crimes against humanity, war crimes...) and the Minister of Justice has given a permission to prosecute.
Besides the above conditions there are also conditions on the side of the perpetrator and he shall not be prosecuted:
1) if he has served the sentence imposed on him in the foreign country or if it was decided in accordance with an international agreement that the sentence imposed in the foreign country is to be served in the Republic of Slovenia;
2) if he has been acquitted by a foreign court or if his sentence has been remitted or the execution of the sentence has fallen under the statute of limitations;
3) if, according to foreign law, the criminal offence concerned may only be prosecuted upon the complaint of the injured party and the latter has not been filed.
Consequently, universal jurisdiction is limited if a certain act is not punishable in the state where it was committed and is not considered a criminal offence under customary rules and principles recognized by the international community. Primary limitation is, however, that there must be a nexus with the Republic of Slovenia in the sense of the alleged perpetrator's presence in its territory.
In addition to customary international law numerous treaties oblige their states parties to empower their criminal justice system to exercise universal jurisdiction over crimes defined in such treaties when a perpetrator is subsequently found on the territory of such state. Provisions to that effect are found in various treaties, to which Slovenia is a Contracting Party:[Source: The scope and application of the principle of universal jurisdiction."
1. The Four Geneva Conventions of 12 August 1949
2. Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), Geneva, 6 June 1977 [...]
7. Convention on the Physical Protection of Nuclear Material, Vienna, 3 March 1980
8. Convention against Torture and Other Cruel, Inhuman of Degrading Treatment or Punishment, New York 10 December 1984 [...]
13. Second Protocol to the Hague Convention of 14 May 1954 for the Protection of Cultural Property in the Event of Armed Conflict, The Hague, 26 March 1999 [...]
No case has yet been tried before the Slovenian courts under the principle of universal jurisdiction.
(Agenda item 86), General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010)]""Application of the Penal Code of the Republic of Slovenia for Specific Criminal Offences Committed in a Foreign Country
See:
Article 11
The Penal Code of the Republic of Slovenia shall apply to any person who, in a foreign country, commits
- a criminal offence under Article 243 of this Penal Code or any other criminal offence, which according to the international agreement has to be prosecuted in all signatory states, irrespective of the location where it was committed, and
- criminal offences under Article 108 and Articles 348-360 of this Penal Code."
Information provided by Slovenia on the scope and application of the principle of universal jurisdiction in accordance with General Assembly resolution 64/117.
The scope and application of the principle of universal jurisdiction (Agenda item 86), General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010). [ENG]
[General Assembly resolution 64/117 (A/RES/64/117) of 15 January 2010, "[R]equests the Secretary-General to invite Member States to submit, before 30 April 2010, information and observations on the scope and application of the principle of universal jurisdiction, including information on the relevant applicable international treaties, their domestic legal rules and judicial practice, and to prepare and submit to the General Assembly, at its sixty-fifth session, a report based on such information and observations." This document contains the reply provided by Slovenia to the said request.]Criminal Code of Slovenia. (KZ-1). 20 May 2008. [ENG]
➤ Miscellaneous provisions of the Criminal Code applying to the crime of aggression, crimes against humanity, genocide and war crimes:"Inapplicability of the Statute of Limitations to Criminal Offences
Article 95
(1) Criminal prosecution and implementation of a sentence shall not be prevented for criminal offences, for which a life sentence may be imposed pursuant to this Penal Code, for criminal offences under Articles 100 to 105 of this Penal Code, as well as for the criminal offences, the prosecution of which may not be prevented under international agreements.
(2) Implementation of a life sentence shall not fall under the statute of limitations.""Liability of Military Commanders and Other Superiors
Article 104
(1) A military commander shall be sentenced to imprisonment between one and eight years for criminal offences referred to in Articles 100 to 103 of this Penal Code, which were committed by the units under his actual command and control, because he did not correctly perform control over these units and did not carry out all appropriate and required measures within his competences to prevent or stop these criminal offences or he failed to submit the matter to the competent authorities for investigation and persecution, even though he knew his units committed or could have committed in given circumstances such criminal offences.
(2) Any person who actually acts as a military commander or who actually performs management duties or supervision in a civilian organisation or company shall be sentenced in the same manner for the actions referred to in the previous paragraph.
(3) A military commander or person who actually acts as a military commander or who actually performs management duties or supervision in a civilian organisation or company, who should or would have to know that his units committed or would commit under the given circumstances criminal offences under Articles 100 to 103 of this Penal Code, shall be sentenced with imprisonment between six months and five years for the actions referred to in previous paragraphs.""Association and Incitement to Genocide, Crimes against Humanity or Aggression
Article 105
(1) Whoever establishes a criminal organisation to commit criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between one and ten years.
(2) Any person who becomes a member of the organisation referred to in the previous paragraph shall be sentenced with imprisonment between six months and five years.
(3) The perpetrator of the criminal offence under paragraphs 1 or 2 of this Article, who prevents the committing of criminal offences specified in paragraph 1 or declared the offence in due time, shall be sentenced with imprisonment of up to three years, or the sentence may also be remitted.
(4) Whoever incites or instigates to directly commit the criminal offences under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment between six months and five years.""Conscripting of Mercenaries or Persons under 18 Years of Age
Article 106
(1) Any person who during wartime, armed conflict or occupation or when carrying out or supporting the policy of a state or organisation as part of a larger systematic attack orders or carries out the conscription of persons under 18 years of age into national or other armed forces and their exploitation for active participation in hostilities shall be sentenced with imprisonment between ten years and fifteen years.
(2) Any person who conscripts, trains or finances the conscription of mercenaries shall be sentenced with imprisonment of up to three years.""Unjustified Postponement of Repatriation of Prisoners of War or Civilians
Article 107
Whoever by violating the rules of international law after the end of a war or armed conflict, or who orders to postpone or he himself postpones repatriation of prisoners of war or civilians, shall be sentenced with imprisonment between six months and five years.""Public Incitement to Hatred, Violence or Intolerance
Article 297
(1) Whoever publicly provokes or stirs up hatred, violence or intolerance in respect of nationality, race, religion, ethnicity, gender, skin colour, origin, financial situation, education, social position, political or other beliefs, disability, sexual orientation, or any other personal circumstance, and commits the offence in a manner that can jeopardise or disturb public law and order, or uses force or threat, verbal abuse or insult shall be sentenced to up to two years in prison.
(2) The same sentence shall be imposed on a person who, in the manner referred to in the preceding paragraph, publicly disseminates ideas on the supremacy of one race over another, or provides aid in any manner for racist activity or denies, diminishes the significance of, approves, justifies, makes fun of, or advocates genocide, holocaust, crimes against humanity, war crime, aggression, or other criminal offences against humanity, as they are defined in the legal system of the Republic of Slovenia.
(3) If the offence referred to in the preceding paragraphs has been committed by publication in mass media or on the websites, the editor or the person acting as the editor shall be imposed the sentence referred to in paragraph 1 or 2 of this Article, except if this was a live broadcast of a show that he could not prevent or a publication on websites that enable users to publish content in real time or without prior review.
(4) If the offence under paragraphs 1 or 2 of this Article has been committed by coercion, maltreatment, endangering of security, desecration of ethnic national, ethnic or religious symbols, damaging the movable property of another, desecration of monuments or memorial stones or graves, the perpetrator shall be punished by imprisonment of up to three years.
(5) If the acts under paragraphs 1 or 2 of this Article have been committed by an official by abusing their official position or rights, he shall be punished by imprisonment of up to five years.
(6) Material and objects bearing messages from paragraphs 1 and 2 of this Article, and all devices intended for their manufacture, multiplication and distribution, shall be confiscated, or their use disabled in an appropriate manner."
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of Slovenia signed the Rome Statute of the International Criminal Court on 07 October 1998 and deposited its instrument of ratification on 31 December 2001.
Upon ratification the Republic of Slovenia made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:"Pursuant to Article 87, paragraph 1 (a) of the Rome Statute the Republic of Slovenia declares that requests for cooperation made by the Court, shall be addressed to the Ministry of Justice of the Republic of Slovenia.
Related documents:Pursuant to Article 87, paragraph 2 of the Rome Statute the Republic of Slovenia declares that requests for cooperation and any documents supporting the request shall either be in or be accompanied by translation into Slovene language."
Law on Cooperation between the Republic of Slovenia and the International Criminal Court. 25 October 2002. [ENG]
Constitution of the Republic of Slovenia. Constitutional Court. [ENG]. [Last accessed 17Jul17]. [External Link]
Criminal Procedure Act of the Republic of Slovenia. (2006).
OSCE Office for Democratic Institutions and Human Rights. [ENG]. [Last accessed 17Jul17]. [External Link to pdf document]
Act Amending the Criminal Procedure Act (2007).
OSCE Office for Democratic Institutions and Human Rights. [ENG]. [Last accessed 17Jul17]. [External Link to pdf document]
Act Amending the Criminal Procedure Act (2008).
OSCE Office for Democratic Institutions and Human Rights. [ENG]. [Last accessed 17Jul17]. [External Link to pdf document]
Legal Information System of the Republic of Slovenia.
Government Office for Legislation. [SLV]. [Last accessed 07Jul17]. [External Link]
Official Gazette of the Republic of Slovenia.
[SLV]. [Last accessed 07Jul17]. [External Link]
List of International Humanitarian Law Treaties to which Slovenia is a State party.
International Committee of the Red Cross. [ENG]. [Last accessed 06Mar17]. [External Link]