Core international crimes:

Crime of Aggression

Crimes Against Humanity

Genocide

War Crimes



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Domestic Legislation | Resources and Links





Domestic legislation for serious crimes under international law

Crimes

Section VII of the Criminal Code of the Republic of Azerbaijan of September 01, 2000, provides as follows in respect of Crimes against peace and security of humanity and War Crimes:

Crimes against peace and security of humanity - Crime of Aggression

Chapter 16, Arts. 100-102 (Aggressive war):

    Article 100. Planning, preparation, implementation or conducting of aggressive war

    100.1. Planning, preparation or implementation of aggressive war –
    shall be punished by imprisonment for the term from eight up to ten years.
    100.2. Conducting of aggressive war –
    shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.
    Article 101. Public appeals to implementation of aggressive war

    101.1. Public appeals to implementation of aggressive war
    shall be punished by restriction of freedom for the term up to three years or imprisonment on the same term.
    101.2. The same acts accomplished with use of mass media or official
    shall be punished by imprisonment for the term from two up to five years with deprivation of a right to hold a certain posts or to engage in the certain activities for the term up to three years or without it.

    Article 102. Attack on persons or establishments, which use international protection
    The attack on representative of the foreign state or employee of the international organization which use international protection, as well as on service, other premises or vehicles of these persons, committed with a view of provocation of war or complication of the international relations –
    shall be punished by imprisonment for the term from five up to ten years.
  • Criminal Code of the Republic of Azerbaijan. (01 September 2000)
    Source: Official website of the Constitutional Court of the Republic of Azerbaijan. [ENG]

    Crimes Against Humanity

    Articles 105 to 113 of the Criminal Code of the Republic of Azerbaijan of September 01, 2000 incorporate the acts which, if committed on a large scale or as part of regular attacks against civilians-either in time of war or peace-constitute crimes against the safety of mankind:

      Article 105. Destruction of population
      Full or partial destruction of population at absence of attributes of a genocide –
      shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

      NOTE: Crimes shall be admitted as crimes against safety of mankind at deliberate acts provided by articles 105-113 of the present chapter, being component to large-scale or regular attacks on civilians in peace time, and military time.

      Article 106. Slavery
      106.1. The slavery, that is full or partial realization above a person of the competencies inherent to the property right –
      shall be punished by imprisonment for the term from five up to ten years.
      106.2. The same act accomplished concerning a minor or with the purpose of moving of a person in the foreign state –
      shall be punished by imprisonment for the term from seven up to twelve years.
      106.3. Slavery sales, that is maintenance of the person with a purpose of transfer into to slave or use as a slave, his sale or an exchange, and also any act connected with slave sales or transfer into slave, as well as sexual slavery or an encroachment on sexual freedom on grounds of slavery –
      shall be punished by imprisonment for the term from five up to ten years.

      Article 107. Deportation or forced exile of population
      Forced exile of population from lawful places of a settlement to other state or exile by other compulsory actions, without grounds provided by norms of international law and laws of the Azerbaijan Republic –
      shall be punished by imprisonment for the term from ten up to fifteen years.

      Article 108. Sexual violence
      Rape, compulsion to prostitution, compulsory sterilization or commitment against persons of other actions connected to sexual violence –
      shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

      Article 108-1. Compulsory pregnancy – Came into force by the law of the Azerbaijan Republic from July 2, 2001.
      Illegal imprisonment of a woman, for forced pregnancy with a view to change ethnic structure of this or another population or accompanying another gross infringements of international law –
      shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

      Article 109. Discrimination
      Prosecution of any group or organization on political, racial, national, ethnic, cultural, religious motives, motives of a sexual belonging or on grounds of another motive forbidden by norms of international law, that is rough infringement of rights of people for a belonging to these groups or organizations, connected with other crimes against safety of mankind –
      shall be punished by imprisonment for the term of from five till ten years.

      Article 110. Violent keeping of a person
      Detention, arrest or kidnapping of a person with the purpose of deprivation of lawful protection on long term under task, support or with consent of the state or political organization and subsequent denying of the fact on imprisonment of a person or refusal giving data about his attendance or place of staying –
      shall be punished by imprisonment for the term from five up to ten years or life imprisonment.

      Article 111. Racial discrimination (apartheid)
      111.0. The acts accomplished with a purpose of the organization and maintenance of superiority of one racial group for destroying of other racial group:
        111.0.1. denying of a members right of racial group or groups on life and freedom, that is murder of members of racial group or groups, drawing of heavy harm to their health or serious harm to mental faculties, application to them of tortures or reference severe, brutal or humiliating advantage and punishments, as well as any arrest or illegal imprisonment;
        111.0.2. creation for racial group or groups of the living conditions designed for their full or partial physical destruction;
        111.0.3. realization of any legislative or other action with a purpose ,of hindrance to participation of racial group or groups in political, social, economic and cultural life of the country, to development of such group or groups by denying belonging to members of this group or groups of rights and freedom of a person, including a right to work, creation of trade unions, education, departure and entrance to the country, citizenship, a freedom to move and a choose of a residence, idea and word, associations and assemblies;
        111.0.4. implementation of any measures, including legislative, with the purpose of division of a population into racial groups by means of creation of reservoirs and ghetto, prohibitions of mixed marriages between various racial groups, forced take of ground areas belonging to racial group or groups or their members without their consent;
        111.0.5. operation of work of persons belonging to racial group or groups;
        111.0.6. prosecution of organizations and persons opposing apartheid, by means of deprivation of their right and freedom –
      shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

      Article 112. Imprisonment in infringement of international law norms
      Arrest or other imprisonment of persons, in infringement of international law norms –
      shall be punished by imprisonment for the term from five up to eight years.

      Article 113. Application of tortures
      Causing of a physical pain or mental sufferings to detained persons or persons, or other restrictions of freedom –
      shall be punished by imprisonment for the term from seven up to ten years.
  • Criminal Code of the Republic of Azerbaijan. (01 September 2000)
    Source: Official website of the Constitutional Court of the Republic of Azerbaijan. [ENG]

    Genocide

    Articles 103 and 104 of the Criminal Code of the Republic of Azerbaijan of September 01, 2000 provide:

      Article 103. Genocide
      Actions, directed on full or partial destruction of national, ethnic, racial or religious groups by means of killing members of this group, causing serious harm to their health or serious harm to their mental faculties, creations of the vital conditions designed for full or partial physical destruction of members of this group, realization of the actions directed on prevention of birth rate inside group, compulsory transfer of children belonging to one group, to another –
      shall be punished by imprisonment for the term of from ten till fifteen years or life imprisonment.

      Article 104. Solicitation to commitment of a genocide
      Direct and obvious solicitation to commitment of any acts provided by article 103 of the present Code–
      shall be punished by imprisonment for the term from five up to ten years.
  • Criminal Code of the Republic of Azerbaijan. (01 September 2000)
    Source: Official website of the Constitutional Court of the Republic of Azerbaijan. [ENG]

    War Crimes

    War crimes are provided for under Articles 114 to 119, Chapter 17 "War Crimes", Section VII "Crimes against peace and security of humanity", of the Criminal Code of the Republic of Azerbaijan of September 01, 2000. The acts included in this Chapter, committed in connection with the planning, preparation or implementation of military operations, either in an international or in a non-international armed conflict, shall constitute war crimes:

      Article 114. Mercenary
      114.1. Recruitment, training, financing and other material maintenance of mercenaries, as well as their use in a confrontation or military operations –
      shall be punished by imprisonment for the term from four up to eight years.
      114.2. The same acts accomplished by a person with use of service position or concerning a minor –
      shall be punished by imprisonment for the term from eight up to fifteen years.
      114.3. Participation of a mercenary in a confrontation or military operations –
      shall be punished by imprisonment for the term from three up to eight years.

      NOTE: 1. The acts provided by the present chapter, committed in connection with planning, preparation, implementation of military operations as well as in international, and at internal confrontations, shall be admitted as war crimes.
      2. The persons who are working with a view of reception of material compensation and not citizens of the state, participating in a confrontation or military operations, do not live constantly on its territory, and also persons not directed for execution of official duties shall be admitted as mercenaries.


      Article 115. Infringement of laws and customs of war
      115.1. Mitigation of captured and other persons protected by the international humanitarian right to serve in armed forces of the party which have taken them in a captivity, and also compulsion of enemy state citizens to participate in a military operations directed against the country –
      shall be punished by imprisonment for the term from two up to five years.
      115.2. Application to a persons provided in article 115.1 of the present Code, tortures, severe or brutal manipulation with them, implementation of medical, biological and other researches, including withdrawal of bodies for transplantation, and also their use as a barrier for protection of armies or objects, or maintenance as hostages, as well as attraction of civilians to forced hard labor or compulsory moving from places of a lawful settlement for other purposes –
      shall be punished by imprisonment for the term from five up to ten years.
      115.3. The acts provided by articles 115.1 and 115.2 of the present Code, entailed to death of persons or causing of heavy harm to their health –
      shall be punished by imprisonment for the term from ten up to fifteen years.
      115.4. Deliberate murder of persons provided in article 115.1 of the present Code –
      shall be punished by imprisonment for the term from twelve up to fifteen years or life imprisonment

      Article 116. Infringement of norms of the international humanitarian right during confrontations
      116.0. Infringement of norms of the international humanitarian right during confrontations, shall be:
        116.0.1. use of ways to conduct a war, capable to cause significant distractions;
        116.0.2. deliberate cause of a big, long and serious damage to an environment;
        116.0.3. attack on staff involved in implementation of peace-making actions or rendering of humanitarian help, including on structure, constructions, vehicles, medical property, having distinctive emblems of the Red Cross or Red Half moon ;
        116.0.4. use of famine which has arisen among civilians, in a way of conducting military operations;
        116.0.5. attraction of minors in armed forces;
        116.0.6. implementation of large-scale distractions which have been not caused by military necessity;
        116.0.7. attack on unprotected territories, settlements and zones of disarmament;
        116.0.8. attack without military necessity on objects which are not in military purpose, clearly seen and distinctive, including especially protected historical, religious, educational objects, objects of art, scientific, charitable, medical objects or locations of patients and wounded persons;
        116.0.9. infringement of agreement on a time armistice, as well as agreements on the discontinuance of fighting operations, prisoner with the purpose of export dead and wounded from a zone of fight, their exchange or transportation;
        116.0.10. attack on civilians or on separate civil persons who are not participating in fights;
        116.0.11. violence, robbery, destruction of property, and also illegal withdrawal of property under pretext of military necessity, carried out concerning a population in zones of military operations;
        116.0.12. attack on constructions, which destruction can result in big losses among civilians or cause significant damage to civil objects;
        116.0.13. attack on a person, who is obviously for guilty stopped direct participation in military operations, and also unarmed person or a person, surrendered by giving up a weapon, or person who is not having opportunities to protect himself from owing a wound or for other reason;
        116.0.14. accommodate a part of civilians on occupied territories;
        116.0.15. unreasonable delay returning of military - captured and civil persons to the country;
        116.0.16. application of a weapon, means and ways of conducting a war, forbidden by international agreement to which the Azerbaijan Republic is a party;
        116.0.17. commitment of other actions connected to rape, sexual slavery, compulsory prostitution, compulsory sterilization, compulsory pregnancy, and also sexual violence;
        116.0.18. arrest or other imprisonment, and also deprivation of procedural rights of a persons provided in article 115.1 of the present Code, in infringement of norms of international law –
      shall be punished by imprisonment for the term from seven up to fifteen years or life imprisonment.

      Article 117. Inactivity or giving of criminal orders during a confrontation
      117.1. Deliberate non-use by chief or official of all opportunities within their authorities concerning subordinates for prevention of commitment during a confrontation of crimes provided by articles 115-116 of the present Code – shall be punished by imprisonment for the term from five up to ten years.
      117.2. The announcement in fighting zones about intention to not release anybody alive or give to subordinates obviously criminal orders or orders directed on it, or directed on commitment of crimes provided by articles 115-116 of the present Code –
      shall be punished by imprisonment for the term from ten up to fifteen years or life imprisonment.

      Article 118. Military robbery
      Plunder on a battlefield of killed or wounded person's property (a military robbery) –
      shall be punished by imprisonment for the term from three up to ten years.

      Article 119. Abusing a marks which are under protection
      119.1. Use of emblems and distinctive signals of the Red cross or Red half moon as a protective or distinctive mark by persons not having right on it, use of emblems and names of the Red cross or the Red half moon with a view of, which is not compatible to principles of the International movement of the Red cross or the Red half moon, and also use of marks, alike with emblems of the Red Cross or Red half-moon during the military conflict -
      shall be punished by imprisonment for the term up to two years.
      119.2. Abusing a flag of truce, and also a flag, which has marks or regimentals of the United Nations Organization, including distinctive marks protected by the Geneva conventions of 1949, entailed to death of a victim or causing of heavy harm to his health –
      shall be punished by imprisonment for the term from five up to ten years.
  • Criminal Code of the Republic of Azerbaijan. (01 September 2000)
    Source: Official website of the Constitutional Court of the Republic of Azerbaijan. [ENG]


    Jurisdiction and statute of limitations

    Under article 12.3 of the Criminal Code of the Republic of Azerbaijan, citizens of Azerbaijan, foreign nationals and stateless persons who have committed crimes against peace and humanity, war crimes or crimes such as trafficking in persons, torture, as well as other crimes prohibited by international agreements to which Azerbaijan is a State party, are subject to criminal prosecution and punishment under the Criminal Code regardless of the place where the crime was committed.

    Article 13.3 of the Criminal Code states that any individual who, having committed a crime abroad, is not handed over to a foreign State and the offence (either by action or omission) is deemed a crime under the Criminal Code of the Republic of Azerbaijan, such individual shall then be subject to criminal prosecution in Azerbaijan.

    Article 502 of the Code of Criminal Procedure states that:

      502.1 The prosecuting authority of the Azerbaijani Republic shall, on the basis of an official request from the competent authority of a foreign State and in accordance with the laws of the Azerbaijani Republic, bring criminal proceedings against citizens of the Azerbaijani Republic suspected of having committed an offence on the territory of the requesting State.
      502.2 When the competent authority of a foreign State requests the criminal prosecution of a person for an offence and that offence is subjected to a civil claim filed by the victims of the same, the claim shall be examined during the proceedings should the victims' request compensation for the damage suffered.

    Under paragraph 3 of the Note on Article 3 of the Act of the Azerbaijani Republic on extradition, when extradition is refused in cases which come under articles 3.1.1 (if the requested person is a citizen of the Azerbaijani Republic at the time when the matter of his or her extradition is being resolved) or 3.2.1 (if under the law of the requesting foreign State, the crime which is the basis for extradition is a capital offence) of the Act, in accordance with the motion of the requesting State, the person in question may be criminally prosecuted under the law of the Azerbaijani Republic.

    Under article 75.5 of the Criminal Code of the Republic of Azerbaijan, the statute of limitations for criminal prosecution does not apply to persons who have committed crimes against peace and humanity, terrorism, financing of terrorism and war crimes provided for under the relevant articles of the Special Section of the Criminal Code.

    The reference in article 75.5 to the non-application of any statute of limitations to the criminal prosecution of persons who have committed crimes against peace and humanity and war crimes is pursuant to the requirements of the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity of 26 November 1968, to which the Azerbaijani Republic acceded in 1996.

  • Information submitted by the Republic of Azerbaijan on the scope of the principle of universal jurisdiction in accordance with General Assembly resolution 64/117.
    General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010) [ENG]
  • Constitutional Law of The Republic of Azerbaijan on Retroactive Application of the Law Identifying Liability for International Crimes.
    (05 December 2006). [ENG]
  • Criminal Code of the Republic of Azerbaijan (01 September 2000). [ENG]


    Rome Statute of the International Criminal Court: Azerbaijan is not a State party to the Rome State of the International Criminal Court.

  • Resources and Links

  • The Constitution of the Republic of Azerbaijan. (With modifications introduced to the Constitution as a result of Referendum held on 18 March 2009).
    Official website of the Constitutional Court of the Republic of Azerbaijan. [ENG] [Last accessed 06 Oct. 2015] [External Link]

  • Criminal Code of the Republic of Azerbaijan.
    Official website of the Constitutional Court of the Republic of Azerbaijan. [ENG] [Last accessed 06 Oct. 2015] [External Link]

  • Code of Criminal Procedure of the Republic of Azerbaijan. (Adopted on 14 July 2000)
    Official website of the Constitutional Court of the Republic of Azerbaijan. [ENG] [Last accessed 06 Oct. 2015] [External Link]

  • The Judgements of the European Court on Human Rights pertaining to Azerbaijan. (The Judicial-Legal Council of Azerbaijan Republic)[ENG] [Last accessed 06 Oct. 2015] [External Link]

  • Main Laws of the Republic of Azerbaijan. Official website of the Constitutional Court of the Republic of Azerbaijan. [ENG] [Last accessed 06 Oct. 2015] [External Link]]

  • Legislative Data Base of the Republic of Azerbaijan.
    Azərbaycan Respublikası Ədliyyə Nazirliyinin Qanunvericilik baş idarəsi. (Legislation Department of the Ministry of Justice). [AZE]. [External Link]