Domestic implementation of international criminal law
State of Eritrea
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Crimes Crime of Aggression
No provision.
Crimes Against Humanity
Crimes against Humanity are defined in Part II - The Special Part, Book I - Offences Against International Law, Article 108, of the Penal Code of the State of Eritrea. See:
Penal Code of the State of Eritrea. Asmara, Eritrea, 15 May 2015. [ENG] Genocide
Genocide is defined in Part II - The Special Part, Book I - Offences Against International Law, Article 107, of the Penal Code of the State of Eritrea. See:
Penal Code of the State of Eritrea. Asmara, Eritrea, 15 May 2015. [ENG] War Crimes
War crimes are defined in Part II - The Special Part, Book I - Offences Against International Law, Articles 109-111, of the Penal Code of the State of Eritrea. See:
Penal Code of the State of Eritrea. Asmara, Eritrea, 15 May 2015. [ENG]
Jurisdiction and Statutes of Limitations
Jurisdiction:
Articles 44 and 45 of the 2015 Penal Code of Eritrea contain the jurisdictional regime for offences committed outside of Eritrean territory:"Art. 44. - Jurisdiction - Offences Committed Outside of Eritrean Territory.
"Art. 45. - Limitation on Punishment.
Eritrean Courts have jurisdiction with respect to any offence that is committed outside of Eritrea where:
(1) the offence is a Serious Offence in Eritrea, and is committed by an Eritrean citizen, a permanent resident of Eritrea, or by a person present in Eritrea after the commission of the offence;
(2) the offence is a Serious Offence in Eritrea, and is directed against the Eritrean State, an Eritrean citizen, a permanent resident of Eritrea, or an internationally protected person in the service of Eritrea, or a member of the protected person's family;
(3) the offence is committed against a private ship or aircraft, or against a person or property on board such ship or aircraft, and(a) at the time of the offence the ship or aircraft is outside the territorial jurisdiction of any State; or
(4) the offence is an offence in Eritrea and under the laws of the place where it is committed, and is committed by an employee of the Government of Eritrea, a member of the Eritrean Police, or a person who is serving abroad in the Eritrean Armed Forces, or a family member living in the same household as one of these persons;
(b) the ship or aircraft arrives in Eritrea with the alleged offender on board;
(5) the offence is one defined by Articles 215 (Counterfeiting), 370 (Aggravated Forgery) with respect to an Eritrean passport, a certificate of Eritrean citizenship or Eritrean currency, 378 (Trafficking in or Manufacture of Large Commercial Quantity of Controlled Drugs), 379 (Trafficking in or Manufacture of Commercial Quantity of Controlled Drugs), and 380 (Trafficking in or Manufacture of Controlled Drugs), or is one to which Eritrean Penal Law is made applicable by express provision or by an international agreement signed and ratified by the State of Eritrea."In all cases where jurisdiction is established under Article 44, a punishment for an offence executed abroad, in whole or in part, when followed by a conviction in this country for the same offence, shall be deducted from the punishment imposed by the Eritrean Courts."
Pardon and amnesties:
According to articles 104-106 of the 14 of the Penal Code of Eritrea:"Art. 104. - Pardon and Commutation.
(1) The Head of State of Eritrea may pardon any person found guilty of an offence and may remit any sentence or commute any sentence into a penalty of lesser gravity or nature.
(2) Unless specifically ordered otherwise in the order pardoning the offender or commuting the sentence, such pardon or commutation shall not cancel the entry of the conviction of sentence into the Police record."
"Art. 105. - Amnesty.
(1) The President of Eritrea may grant an amnesty in respect to certain offences or certain classes of offenders. Such amnesty may cancel the charges and discontinue any prosecution, or may, where conviction has already occurred, extinguish any and all punishments previously imposed.
(2) Unless specifically ordered otherwise in the order granting the amnesty, such amnesty shall not cancel the entry of the charge or conviction of sentence into the Police record."
"Art. 106. - Effect on Civil Actions.
Nothing in this Chapter shall affect the right of any person to collect damages or otherwise seek reparation under the Civil Code."Other provisions common to genocide, crimes agains humanity and war crimes:
"Art. 124. - Participation in Preparation.
See:
A person who, in relation to any offence punishable under Articles 107-117:(a) commits any intentional acts in preparation of any such offence; or
is guilty of participation in preparation to commit an offence punishable under Articles 107-117, a Class 9 serious offence, punishable with a definite term of imprisonment of not less than 1 year and not more than 3 years."
(b) attempts to incite another to commit any such offence,
"Art. 125. - Preparation.
A person who prepares to commit an offence punishable under Article 107-118,
is guilty of preparation to commit an offence punishable under Articles 107-118, a Class 9 serious offence, punishable with a definite term of imprisonment of not less than 1 year and not more than 3 years."
Penal Code of the State of Eritrea. Asmara, Eritrea, 15 May 2015. [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: The State of Eritrea signed the Rome Statute of the International Criminal Court on 07 October 1998. The State of Eritrea is not a state party to the Rome Statute of the International Criminal Court.
Agreement between the State of Eritrea and the Republic of Djibouti
06 June 2011. [EDITION IN PROGRESS]
Agreement between the Government of the State of Eritrea and the Government of the Federal Democratic Republic of Ethiopia
12 December 2000. [EDITION IN PROGRESS]
Agreement on Cessation of Hostilities between the Government of the Federal Democratic Republic of Ethiopia and the Government of the State of Eritrea
18 June 2000. [EDITION IN PROGRESS]
Technical Arrangements for the Implementation of the OAU Framework Agreement
31 August 1999. [EDITION IN PROGRESS]
Agreement reached between the State of Eritrea and the Republic of the Sudan
02 May 1999. [EDITION IN PROGRESS]
Security Council Resolution 1177 (1998) on the situation between Eritrea and Ethiopia
26 June 1998. [EDITION IN PROGRESS]
The Constitution of Eritrea. (23 May 1997)
International Labor Organization. [ENG]. [Last accessed 16Nov17] [External Link to pdf document]
Criminal Procedure Code of the State of Eritrea. Refworld, United Nations High Commissioner for Refugees. [ENG]. [Last accessed 16Nov17] [External Link]
http://erilaws.com/
Research Database of Eritrean laws. [ENG]. [Last accessed 16Nov17]. [External Link]
United Nations Mission in Ethiopia and Eritrea (UNMEE)
(UNMEE was established by UN Security Council resolution 1320 on 15 September 2000 to monitor a ceasefire between Ethiopia and Eritrea following the 1998-2000 border war between the two countries. On 30 July 2008, the Security Council unanimously adopted resolution 1827 terminating the mandate of the UNMEE with effect from the following day).
United Nations. [ENG]. [Last accessed 16Nov17] [External Link]
Commission of Inquiry on Human Rights in Eritrea
(The UN Human Rights Council established the Commission through resolution 26/24 of 27 June 2014 and extended its mandate for one year to June 2016).
United Nations High Commissioner for Human Rights. [ENG]. [Last accessed 16Nov17] [External Link]
Guide to Law Online: Eritrea. Law Library of Congress.
[ENG]. [Last accessed 16Nov17]. [External Link]
List of International Humanitarian Law Treaties to which Eritrea is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 16Nov17]. [External Link]