Domestic implementation of international criminal law
Republic of Latvia
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Crimes Crimes against Peace / Crime of Aggression
Crimes against Peace are defined in the Special Part, Chapter IX ("Crimes against Humanity and Peace, War Crimes and Genocide"), of the Criminal Code of the Republic of Latvia:
"Section 72. Crimes against Peace
See:
"For a person who commits crimes against peace, that is, commits planning, preparation, triggering of, participation in aggression, commits conducting of a war of aggression in violation of international agreements binding upon the Republic of Latvia, commits participation in a conspiracy for the purpose of committing crimes mentioned in this Section,
the applicable punishment is life imprisonment or deprivation of liberty for a term of three and up to twenty years."
"Section 77. Invitation to War of Aggression
For a person who commits public invitation of a war of aggression or of triggering of an armed conflict,
the applicable punishment is deprivation of liberty for a term up to eight years."
"Section 77.1. Unlawful Participation in an Armed Conflict
For a person who commits unlawful participation in an armed conflict, that is, active participation in an armed conflict taking place outside the territory of the Republic of Latvia which is directed against territorial integrity or political independence of a state or is otherwise in contradiction with international law binding upon the Republic of Latvia, violating laws and regulations or the international agreements binding upon the Republic of Latvia,
the applicable punishment is deprivation of liberty for a term up to ten years, with probationary supervision for a term up to three years."
"Section 77.2. Financing of an Armed Conflict
For a person who commits direct or indirect collection or transfer of financial resources acquired in any way or other property to a party that is involved in an armed conflict taking place outside the territory of the Republic of Latvia and whose action is directed against territorial integrity or political independence of a state or is otherwise in contradiction with international law binding upon the Republic of Latvia, as well as for recruitment, training or sending of a person for him or her to unlawfully participate in an armed conflict taking place outside the territory of the Republic of Latvia,
the applicable punishment is deprivation of liberty for a term up to ten years, with probationary supervision for a term up to three years."
"Section 77.3. Recruitment, Training and Sending for an Armed Conflict
For a person who commits recruitment, training or sending of a person for him or her to unlawfully participate in an armed conflict taking place outside the territory of the Republic of Latvia,
the applicable punishment is deprivation of liberty for a term up to eight years, with probationary supervision for a term up to three years."
Criminal Law of Latvia. (17 June 1998. As amended up to 22 June 2017). [ENG]
Valsts valodas centrs (State Language Centre), Riga, Latvia
Latvia ratified the Kampala amendments to the Rome Statute of the International Criminal Court on the Crime of Aggression on 25 September 2014:
Latvia, Poland and Spain ratify the amendments to the Rome Statute on article 8 related to war crimes and on the crime of aggression
ICC-ASP-20140929-PR1044, Assembly of States Parties to the International Criminal Court, 29Sep14 [ENG]
España, Letonia y Polonia ratifican las enmiendas del Estatuto de Roma relativas al artículo 8, referente a los crímenes de guerra, y al crimen de agresión
Comunicado de Prensa ICC-ASP-20140929-PR1044, Nueva York, 29sep14 [ESL]Crimes against Humanity
Crimes against Humanity are defined in the Special Part, Chapter IX ("Crimes against Humanity and Peace, War Crimes and Genocide"), Section 71.2, of the Criminal Code of the Republic of Latvia:
"Section 71.2. Crimes against Humanity
For a person who commits crime against humanity, that is, for an activity which is performed as a part of vast or systematic offensive to civilians and which has been expressed as homicide, extermination, enslavement, deportation or forced movement, unlawful deprivation or limitation of liberty, torture, rape, involvement of a person into sexual slavery, compelling the engaging in prostitution, forced fertilisation or sterilisation, or sexual violence of similar degree of severity, apartheid, persecution of any group of people or union on the basis of political, racial, national, ethnical, cultural, religious or gender affiliation or other reasons which have been recognised as inadmissible in the international law, in relation to any activity indicated in this Section or genocide, or war crime or other activity provided for in the international law binding upon the Republic of Latvia, which causes serious physical or mental suffering,
the applicable punishment is life imprisonment or deprivation of liberty for a term of three and up to twenty years."
Criminal Law of Latvia. (17 June 1998. As amended up to 22 June 2017). [ENG]
Valsts valodas centrs (State Language Centre), Riga, LatviaGenocide
Genocide is included in the Special Part, Chapter IX ("Crimes against Humanity and Peace, War Crimes and Genocide"), Sections 71 and 71.1, of the Criminal Code of the Republic of Latvia:
"Section 71. Genocide
For a person who commits genocide, that is, commits intentional acts for purposes of the destruction in whole or in part of any group of persons identifiable as such by nationality, ethnic origin, race, or a defined religion, by killing members of the group, inflicting upon them physical injuries hazardous to life or health or causing them to become mentally ill, intentionally causing conditions of life for such people as result in their physical destruction in whole or in part, utilising measures the purpose of which is to prevent the birth of children in such group, or transferring children on a compulsory basis from one group of persons into another,
the applicable punishment is life imprisonment or deprivation of liberty for a term of three and up to twenty years.
"Section 71.1. Invitation to Genocide
For a person who commits public invitation to genocide,
the applicable punishment is deprivation of liberty for a term up to eight years."
Criminal Law of Latvia. (17 June 1998. As amended up to 22 June 2017). [ENG]
Valsts valodas centrs (State Language Centre), Riga, LatviaWar Crimes
War Crimes are included in the Special Part, Chapter IX ("Crimes against Humanity and Peace, War Crimes and Genocide"), Sections 73, 74, 75 and 76, of the Criminal Code of the Republic of Latvia:
"Section 73. Preparation, Storage, Movement, Use and Distribution of Weapons of Mass Destruction
For a person who commits preparation, storage, movement, use or distribution of nuclear, chemical, biological, bacteriological, toxic or other weapons of mass destruction,
the applicable punishment is life imprisonment or deprivation of liberty for a term of three and up to twenty years."
"Section 74. War Crimes
For a person who commits war crimes, that is, commits violation of provisions regarding conduct of war prohibited in international law binding upon the Republic of Latvia or of international humanitarian law, including murder, torture of a person protected by humanitarian law or inhuman treatment of such person, taking of hostages, illegal deportation, movement, limitation of liberty, unjustifiable destruction of cities and other entities, or other prohibited activity,
the applicable punishment is life imprisonment or deprivation of liberty for a term of three and up to twenty years."
"Section 75. Force against Residents in the Area of Hostilities
For a person who commits illegal violence against residents in an area of hostilities, as well as commits illegal forcible confiscation or destruction of their property,
the applicable punishment is deprivation of liberty for a term of three and up to fifteen years."
"Section 76. Pillaging
For a person who commits appropriation of the property of persons killed or wounded on a battlefield (pillaging),
the applicable punishment is deprivation of liberty for a term up to eight years."
Criminal Law of Latvia. (17 June 1998. As amended up to 22 June 2017). [ENG]
Valsts valodas centrs (State Language Centre), Riga, Latvia* * *
Common provisions of the Criminal Law of Latvia applicable to "Crimes against Humanity and Peace, War Crimes and Genocide":"Section 74.1. Acquittal of Genocide, Crime against Humanity
For a person who commits public glorification of genocide, crime against humanity, crime against peace or war crime or glorification, denial, acquittal or gross trivialisation of committed genocide, crime against humanity, crime against peace or war crime, including genocide, crime against humanity, crime against peace or war crime committed by the U.S.S.R. or Nazi Germany against the Republic of Latvia and its inhabitants,
the applicable punishment is deprivation of liberty for a term of not exceeding five years or temporary deprivation of liberty, or community service, or a fine."
Jurisdiction and Non-Applicability of Statutory Limitations Jurisdiction:
The territorial application of the Criminal Law of Latvia is provided for under Sections 2, 3 and 4 of the Criminal Law of Latvia. Section 4 refers to the applicability of the Criminal Law Outside the Territory of Latvia:"Section 4. Applicability of The Criminal Law Outside the Territory of Latvia
(1) Latvian citizens, non-citizens and foreigners who have a permanent residence permit for the Republic of Latvia, shall be held liable, in accordance with this Law, in the territory of Latvia for an offence committed in the territory of another state or outside the territory of any state irrespective of whether it has been recognised as criminal and punishable in the territory of commitment.
(1.1) For an offence committed by a natural person acting in the interests of a legal person registered in the Republic of Latvia, for the benefit of the person or as a result of insufficient supervision or control thereof in the territory of another state or outside the territory of any state irrespective of whether it has been recognised as criminal and punishable in the territory of commitment the legal person may be applied the coercive measures provided for in this Law.
(2) Soldiers of the Republic of Latvia who are located outside the territory of Latvia shall be held liable for criminal offences in accordance with this Law, unless it is provided otherwise in international agreements binding upon the Republic of Latvia.
(3) Foreigners who do not have permanent residence permits for the Republic of Latvia and who have committed serious or especially serious crimes in the territory of another state which have been directed against the Republic of Latvia or against the interests of its inhabitants, shall be held criminally liable in accordance with this Law irrespective of the laws of the state in which the crime has been committed, if they have not been held criminally liable or committed to stand trial in accordance with the laws of the state where the crime was committed.
(4) Foreigners who do not have a permanent residence permit for the Republic of Latvia and who have committed a criminal offence in the territory of another state or outside the territory of any state, in the cases provided for in international agreements binding upon the Republic of Latvia, irrespective of the laws of the state in which the offence has been committed, shall be held liable in accordance with this Law if they have not been held criminally liable for such offence or committed to stand trial in the territory of another state."
Non-Applicability of Statutory Limitations:
Section 5(4) of the Criminal Law of Latvia states:"Section 5. Time when The Criminal Law is In Force [...]
See:
(4) A person, who has committed a crime against humanity, a crime against peace, a war crime or has participated in genocide, shall be punishable irrespective of the time when such offence was committed."
Criminal Law of Latvia. (17 June 1998. As amended up to 22 June 2017). [ENG]
Valsts valodas centrs (State Language Centre), Riga, Latvia
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of Latvia signed the Rome Statute of the International Criminal Court on 22 April 1999 and deposited its instrument of ratification on 28 June 2002.
Upon ratification the Republic of Latvia made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:"Pursuant to article 87, paragraph 2 of the Rome Statute of the International Criminal Court the Republic of Latvia declares that requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into the Latvian language."
Larionovs and Tess v. Latvia.
Applications nos. 45520/04 and 19363/05, Decision, European Court of Human Rights (Fourth Section), 25 November 2014. [ENG]
Kononov v. Latvia.
Application no. 36376/04, Judgment, Grand Chamber, European Court of Human Rights, 17 May 2010. [ENG]
The Constitution of the Republic of Latvia
Latvijas Republikas Saeima. [ENG]. [Last accessed 17Nov17]. [External Link]
The Constitution of the Republic of Latvia. (With amendments up to 19 June 2014).
Constitutional Court of the republic of Latvia. [ENG]. [Last accessed 17Nov17]. [External Link]
Criminal Procedure Law of the Republic of Latvia
Text consolidated by Valsts valodas centrs (State Language Centre) with amendments up to 15 January 2015
Valsts valodas centrs (State Language Centre). [ENG]. [Last accessed 17Nov17]. [External Link to pdf document]
Legislation of the Republic of Latvia
Likumi. [LAV/ENG]. [Last accessed 17Nov17]. [External Link]
Valsts valodas centrs (State Language Centre)
[LAV/ENG]. [Last accessed 17Nov17]. [External Link]
Legal Guide to Latvia
(U.S. Law Library of Congress). [ENG]. [Last accessed 17Nov17]. [External Link]
Latvia: National Implementation of IHL
International Committee of the Red Cross. [ENG]. [Last accessed 17Nov17] [External Link]
List of International Humanitarian Law Treaties to which Latvia is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 17Nov17]. [External Link]