Domestic implementation of international criminal law
Republic of Tajikistan
Domestic Legislation | Resources and Links
Crimes Crime of Aggression/Crimes against Peace
The Criminal Code of the Republic of Tajikistan penalises the planning and preparation of an aggressive war, as well as any public appeal to unleash an aggressive war, as crimes pursuant to Section XV "Crime against the Peace and Safety of Mankind", Chapter 34 "Crime against the Peace and Safety of Mankind", Articles 395 and 396:
Article 395. Aggressive War
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(1) Planning or preparation of an aggressive war shall be punishable by imprisonment for a term of twelve to fifteen years. (Laws of the Republic of Tajikistan No. 35 of 17 May 2004 and No. 965 of 13 June 2013)
(2) Unleashing or conducting an aggressive war shall be punishable by imprisonment for a term of fifteen to twenty years. (Laws of the Republic of Tajikistan No. 45 of 1 August 2003 and No. 965 of 13 June 2013)
Article 396. Public Appeals To Unleash an Aggressive War
(1) Public appeals to unleashing an aggressive war shall be punished with a fine of 500 to 1000 times the minimum monthly wage or imprisonment for a period of two to five years. (Law of the Republic of Tajikistan No. 422 of 6 October 2008)
(2) The same actions committed using mass media or the Internet or by persons who hold state positions of the Republic of Tajikistan (Law of the Republic of Tajikistan No. 301 of 30 July 2007) shall be punishable by imprisonment for a term of five to ten years with deprivation of the right to hold certain positions or be engaged in certain activities for up to five years.
Note: The list of persons who hold state positions is determined by the legislation of the Republic of Tajikistan." (Law of the Republic of Tajikistan No. 35 of 17 May 2004)
[Criminal Code of the Republic of Tajikistan (with amendments up to 24 February 2017). Translation of excerpts into English by Equipo Nizkor. Source: National Center for Legislation, Presidency of the Republic of Tajikistan.]
Criminal Code of the Republic of Tajikistan. 21 May 1998. [ENG] Crimes Against Humanity
No provision
Genocide
Genocide is defined in Article 398 (Chapter 34 "Crime against the Peace and Safety of Mankind", Section XV "Crime against the Peace and Safety of Mankind") of the Criminal Code of the Republic of Tajikistan:
"Article 398. Genocide
[Criminal Code of the Republic of Tajikistan (with amendments up to 24 February 2017). Translation of excerpt into English by Equipo Nizkor. Source: National Center for Legislation, Presidency of the Republic of Tajikistan.]
Actions committed with the intent of destroying, in whole or in part, a national, ethnic, racial, or religious group by total or partial physical extermination, prevention of child bearing using violent means, transfer of children of one group to another group, causing serious harm to health, or otherwise creating living conditions leading to physical destruction of the members of the group, are punishable by imprisonment for a term of fifteen to twenty-five years or to the death penalty or to life imprisonment." (Laws of the Republic of Tajikistan No. 35 of 17 May 2004, No. 46 of 15 July 2004 and No. 86 of 01 March 2005)
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Criminal Code of the Republic of Tajikistan. 21 May 1998. [ENG] War Crimes
War crimes are also defined under Section XV "Crime against the Peace and Safety of Mankind", Chapter 34 "Crime against the Peace and Safety of Mankind", more particularly in Articles: 397 ("Production or Distribution of Mass Destruction Weapons"), 399 ("Biocide"), Article 401 ("Hiring of Mercenaries"), 403 ("Intentional Violations of Norms of International Humanitarian Law Committed in the Course of Armed Conflicts"), 404 ("Intentional Violation of Norms of International Humanitarian Law Committed During International or Internal Armed Conflicts With Threat to Health or Causing Physical Mutilations") and 405 ("Other Violations of Norms of International Humanitarian Law") of the Criminal Code of the Republic of Tajikistan. See:
Criminal Code of the Republic of Tajikistan. 21 May 1998. [ENG]
Jurisdiction
Article 15 under Chapter 2 ("Territorial Application of the Criminal Law and Question of its Retroactivity") of the Criminal Code of the Republic of Tajikistan provides the following regarding extraterritorial jurisdiction:"Article 15. Application of the Criminal Law in Regard to Persons who Committed Crimes outside the Republic of Tajikistan.
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(1) Citizens of the Republic of Tajikistan and permanent residents without citizenship shall be held criminally liable in accordance with this Code for crimes committed in the territory of a foreign state if the act committed is recognized as a crime in the state in whose territory it has been committed and if that person has not been convicted of such crime by another state. Upon the conviction of these persons, the punishment shall not exceed the maximum limit of the sanction provided for by the law of the foreign state in the territory where the crime was committed. (Law of the Republic of Tajikistan No. 35 of 17 May 17 2004)
(2) Foreign citizens and persons without citizenship not living permanently in the Republic Tajikistan are criminally liable under this Code for crimes committed outside the Republic Tajikistan in the following cases:a) if they committed a crime prescribed by norms of International law recognized by the Republic of Tajikistan or interstate treaties and agreements;
(3) These rules shall apply if the said foreign citizens or persons without citizenship, who are not permanent residents, have not been convicted in another state.
b) if they committed a felony or a particularly serious crime against citizens of Tajikistan or the interests of the Republic Tajikistan.
(4) Citizens of the Republic of Tajikistan, as well as those persons without citizenship who are permanent residents, are also criminally liable under this Code for crimes committed in the territory of a foreign state, when, in accordance with the specific provisions of the Special Part of this Code, criminal responsibility is specifically attributable for the commission of such a crime in the territory of a foreign state. In this case, the provisions stipulated in subsection 1 (except for conviction) of this article shall not be applicable. (Law of the Republic of Tajikistan No. 1359 of 14 November 2016)
(5) The criminal record and other criminal and legal consequences of the commission of a crime by a person in the territory of a foreign State, shall not be taken into account in the classification of that person's act nor in sentencing for a crime committed in the territory of the Republic of Tajikistan, unless otherwise provided by international legal instruments recognized by Tajikistan." (Laws of the Republic of Tajikistan No. 35 of 17 May 17 2004 and No. 1359 of 14 November 2016)
[Criminal Code of the Republic of Tajikistan (with amendments up to 24 February 2017). Translation of excerpt into English by Equipo Nizkor. Source: National Center for Legislation, Presidency of the Republic of Tajikistan.]
Criminal Code of the Republic of Tajikistan. 21 May 1998. [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of Tajikistan signed the Rome Statute of the International Criminal Court on 30 November 1998 and deposited its instrument of ratification on 05 May 2000.
Constitution of the Republic of Tajikistan. (6 November 1994).
Press service of President of Republic of Tajikistan . [ENG]. [Last accessed 14Jun17]. [External Link]
Criminal Code of Tajikistan. (With amendments up to 24 February 2017).
National Center for Legislation, Presidency of the Republic of Tajikistan. [RUS]. [Last accessed 14Jun17]. [External Link to document in word format]
Law of the Republic of Tajikistan "On exemption from criminal, disciplinary and administrative responsibility of persons who committed crimes during the period from March 27 to November 25, 1992 in zones of armed conflict". (1992).
National Center for Legislation, Presidency of the Republic of Tajikistan. [RUS]. [Last accessed 14Jun17]. [External Link to document in word format]
Criminal Executive Code of the Republic of Tajikistan. (2001)
OSCE Office for Democratic Institutions and Human Rights. [ENG]. [Last accessed 14Jun17]. [External Link]
Codes of Tajikistan.
National Center for Legislation, Presidency of the Republic of Tajikistan. [RUS]. [Last accessed 14Jun17]. [External Link]
Laws of Tajikistan.
National Center for Legislation, Presidency of the Republic of Tajikistan. [RUS]. [Last accessed 14Jun17]. [External Link]
List of International Humanitarian Law Treaties to which Tajikistan is a State party. [ENG]
(International Committee of the Red Cross). [ENG]. [Last accessed 14Jun17]. [External Link]