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Nepal Flag  Federal Democratic Republic of Nepal




Domestic
Legislation
Judicial Decisions Peace Accords Articles Resources and
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Domestic Legislation on International Crimes

Crimes

Crime of Aggression

No provision.

Crimes Against Humanity

No specific provision.

The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014) was promulgated on 11 March 2014 to address human rights violations committed during the armed conflict between the Government of Nepal and the then Communist Party of Nepal (Maoist) from 13 February 1996 to 21 November 2006. Although this law does not specifically classify the offences contained therein as crimes against humanity or war crimes, section 2(j) defines "gross violations of human rights" as follows:

    "2. Definitions: Unless the context or subject otherwise requires, in this Act,-
    [...]
      (j) 'gross violations of human rights' means the following acts which were committed in the course of armed conflict directed against unarmed persons or civilian population or committed systematically:
        (1) Murder,
        (2) Abduction and taking of hostage,
        (3) Enforced disappearance,
        (4) Causing mutilation or disability,
        (5) Physical or mental torture,
        (6) Rape and sexual violence,
        (7) Looting, possession, damage or arson of private or public property,
        (8) Forceful eviction from house and land or any other kind of displacement.
        (9) Any kind of inhuman acts inconsistent with the international human rights or humanitarian law or other crime against humanity."
The definition hence includes, among other acts, [A]ny kind of inhuman acts inconsistent with the international human rights or humanitarian law or other crime against humanity. Section 29 of this law provides for the prosecution of "the offence of the gross violation of human rights". Part of the wording of this section was repealed by the Supreme Court in a decision dated 26 February 2015 in the case of Suman Adhikari et. al vs. the Office of Prime Minister and Council of Ministers.

See:

  • The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014).
    Act No. 1 of the year 2071 (2014/2015). Nepal Gazette 2071/01/28 (11 May 2014). [ENG]

  • Ordinance on Investigation of Disappeared Persons, Truth and Reconciliation Commission.
    14 March 2013. [ENG]

    Genocide

    No specific provision.

    War Crimes

    No specific provision.

    The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014) was promulgated on 11 March 2014 to address human rights violations committed during the armed conflict between the Government of Nepal and the then Communist Party of Nepal (Maoist) from 13 February 1996 to 21 November 2006. Although this law does not specifically classify the offences contained therein as crimes against humanity or war crimes, section 2(j) defines "gross violations of human rights" as follows:

      "2. Definitions: Unless the context or subject otherwise requires, in this Act,-
      [...]
        (j) 'gross violations of human rights' means the following acts which were committed in the course of armed conflict directed against unarmed persons or civilian population or committed systematically:
          (1) Murder,
          (2) Abduction and taking of hostage,
          (3) Enforced disappearance,
          (4) Causing mutilation or disability,
          (5) Physical or mental torture,
          (6) Rape and sexual violence,
          (7) Looting, possession, damage or arson of private or public property,
          (8) Forceful eviction from house and land or any other kind of displacement.
          (9) Any kind of inhuman acts inconsistent with the international human rights or humanitarian law or other crime against humanity."
    The definition hence includes, among other acts, [A]ny kind of inhuman acts inconsistent with the international human rights or humanitarian law or other crime against humanity. Section 29 of this law provides for the prosecution of "the offence of the gross violation of human rights". Part of the wording of this section was repealed by the Supreme Court in a decision dated 26 February 2015 in the case of Suman Adhikari et. al vs. the Office of Prime Minister and Council of Ministers.

    See:

  • The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014).
    Act No. 1 of the year 2071 (2014/2015). Nepal Gazette 2071/01/28 (11 May 2014). [ENG]

  • Ordinance on Investigation of Disappeared Persons, Truth and Reconciliation Commission.
    14 March 2013. [ENG]


    Jurisdiction

    Jurisdiction over gross violations of human rights including "any kind of inhuman acts inconsistent with the international human rights or humanitarian law or other crime against humanity" committed during the armed conflict (from 13 February 1996 to 21 November 2006) can be exercised subject to the requirements provided for under Section 29 of the "Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014)". See:

  • The Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2071 (2014).
    Act No. 1 of the year 2071 (2014/2015). Nepal Gazette 2071/01/28 (11 May 2014). [ENG]


    International Criminal Court
    Rome Statute of the International Criminal Court: The Federal Democratic Republic of Nepal is not a state party to the Rome Statute of the International Criminal Court.


  • Judicial Decisions


  • Nepal Supreme Court Review of the Investigation of Disappeared Persons, Truth and Reconciliation Commission Act. Suman Adhikari et. al vs. the Office of Prime Minister and Council of Ministers.
    Supreme Court, Special Bench, 26 February 2015. [ENG]

  • Decision of the Supreme Court of Nepal declaring that the provisions on amnesties and restrictions on criminal prosecutions as set out in the 2003 Ordinance are unconstitutional. (Writ Petitions nos. 069-WS-0057 and 069-WS-0058). 02 January 2014. [Not available in English].

  • Decision of the Supreme Court of Nepal in the case Rabindra Prasad Dhakal on behalf of Rajendra Prasad Dhakal (Advocate) v. Nepal Government, Home Ministry and Others.
    Supreme Court, Division Bench, 01 June 2007. [ENG]

  • Nepal Supreme Court decision ordering the Nepalese government to take legislative measures to implement the obligations in the 1949 Geneva Conventions.
    Supreme Court, Division Bench, 09 January 2004. [ENG]

    Peace Agreeements

    - Under construction -

  • Seven Point Agreement, 01 November 2011.

  • Agreement on the Monitoring of Arms and Armies, 08 December 2006.

  • Comprehensive Peace Agreement between the Government of Nepal and the Communist Party of Nepal (Maoist), 22 November 2006.

  • Decisions of the Seven Party Alliance (SPA) - Maoist Summit Meeting, 08 November 2006.

  • Eight Point Seven Party Alliance (SPA) -Maoist Agreement, 16 June 2006.

  • Agreement reached between the Government of Nepal and the CPN (Maoists) at Kupodole, 15 June 2006.

  • 25-Point Ceasefire Code of Conduct Agreed between the Government of Nepal and CPN (Maoist), 25 May 2006.

  • Second Understanding concluded between the Seven Political Parties and the CPN (Maoist), 19 March 2006.

  • 12-Point Understanding between the Seven Political Parties and Nepal Communist Party (Maoists), 22 November 2005.


  • Articles and Reports

  • Supreme Court Strikes Down Amnesty Provision in Truth and Reconciliation Law. By Tariq Ahmad, Global Legal Monitor, Library of Congress, Washington D.C., 17 March 2015. [ENG]

  • Nepal: Government must implement landmark Supreme Court decision against impunity.
    International Commission of Jurists, 27 February 2015. [ENG]

  • Supreme Court Rules Government Ordinance on Truth and Reconciliation Commission to Be Unconstitutional. By Wendy Zeldin, Global Legal Monitor, Library of Congress, Washington D.C., 08 January 2014. [ENG]

  • OHCHR Comments on the Nepal "Commission on Investigation of Disappeared Persons, Truth and Reconciliation Ordinance - 2069 (2013)".
    Office of the United Nations High Commissioner for Human Rights (OHCHR). [ENG]


  • Resources and Links

  • Constitution of Nepal. 20 September 2015 (2072.6.3).
    Nepal Law Commission. [ENG]. [Last accessed 11Jan18]. [External Link to pdf document]

  • The Interim Constitution of Nepal 2063 (2007). World Intellectual Property Organization. [ENG]. [Last accessed 12Jan18]. [External Link to pdf document]

  • The Muluki Ain (General Code).
    Nepal Law Commission. [ENG]. [Last accessed 11Jan18]. [External Link to pdf document]

  • Law Archives Statutes / Acts.
    Nepal Law Commission. [NEP/ENG]. [Last accessed 11Jan18]. [External Link]

  • Nepal Law Commission.
    [NEP/ENG]. [Last accessed 11Jan18]. [External Link]

  • Nepal Gazette.
    [NEP]. [Last accessed 11Jan18]. [External Link]

  • Supreme Court of Nepal.
    [NEP/ENG]. [Last accessed 11Jan18]. [External Link]

  • The Nepal Conflict Report.
    Office of the United Nations High Commissioner for Human Rights (OHCHR). [ENG]. [Last accessed 11Jan18]. [External Link]

  • Truth and Reconciliation Commission, Nepal.
    [NEP/ENG]. [Last accessed 11Jan18]. [External Link]

  • Justice Denied: The 2014 Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act.
    International Commission of Jurists, May 2014. [ENG]. [Last accessed 12Jan18]. [External Link to pdf document]

  • OHCHR Technical Note: The Nepal Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation, 2071 (2014) as Gazetted 21 May 2014.
    Office of the United Nations High Commissioner for Human Rights (OHCHR). [ENG]. [Last accessed 12Jan18]. [External Link to pdf document]

  • An OHCHR Analysis of the Nepal Ordinance on Investigation of Disappeared People, Truth and Reconciliation Commission, 2012. December, 2012
    Office of the United Nations High Commissioner for Human Rights (OHCHR). [ENG]. [Last accessed 12Jan18]. [External Link to pdf document]

  • Yuba Kumari Katwal v. Nepal, Human Rights Committee, Communication No. 2000/2010, U.N. Doc. CCPR/C/113/D/2000/2010.
    Human Rights Library, University of Minnesota. [ENG]. [Last accessed 12Jan18]. [External Link]

  • List of International Humanitarian Law Treaties to which Nepal is a State party.
    International Committee of the Red Cross. [ENG]. [Last accessed 11Jan18]. [External Link]