Domestic implementation of international law
Republic of Albania
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Crimes
Crime of Aggression
No provision.
Crimes Against Humanity, Genocide and War Crimes
Crimes against humanity, genocide and war crimes are defined under Special Part, Chapter I (Crimes Against Humanity) of the Criminal Code of the Republic of Albania (full text and reference available under the Documents section below):
Crimes against Humanity:
Article 74. Crimes against humanity
Murder, enforced disappearance, extermination, enslavement, internment and evictions, and any kind of torture or other human violence that are committed systematically or pursuant to a specific and pre-meditated plan, against any civilian population for political, ideological, racial, ethnic and religious motives, shall be punishable by not less than fifteen years of imprisonment or life imprisonment.Article 74/a. Computer dissemination of materials in favor of genocide or crimes against humanity
Offering in public or deliberately disseminating to the public through computer systems materials that deny, minimize significantly, approve of or justify acts that are genocide or crimes against humanity are punishable by three to six years of imprisonment.Genocide:
Article 73. Genocide
The execution of a premeditated plan aiming at the total or partial destruction of a national, ethnic, racial or religious group, directed towards its members and combined with [any one or more of] the following acts: intentionally killing members of a group, causing serious physical or psychological harm to members of a group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction, imposing measures to prevent birth, as well as the forcible transfer of children from one group to another, shall be punishable by a sentence of no less than ten years of imprisonment, or with life imprisonment.Article 74/a. Computer dissemination of materials in favor of genocide or crimes against humanity
See also:
Offering in public or deliberately disseminating to the public through computer systems materials that deny, minimize significantly, approve of or justify acts that are genocide or crimes against humanity are punishable by three to six years of imprisonment.
Criminal Code of the Republic of Albania
Law No. 7895, 27 January 1995 (Consolidated version as of 2013.) [ENG] (English version provided by the OSCE Office for Democratic Institutions and Human Rights). [ENG]Law Nr. 8001 on Genocide and Crimes against Humanity Committed in Albania during Communist Rule for Political, Ideological and Religious Motives.
Law Nr. 8001, 22 September 1995. [ENG]War Crimes:
Article 75. War crimes
Acts committed by different people in war time such as murder, maltreatment or deportation for slave labour, as well as any other inhuman exploitation to the detriment of civilian population or in occupied territory, the killing or maltreatment of war prisoners, the killing of hostages, destruction of private or public property, destruction of towns, commons or villages, which are not justified by military necessity, are punishable with not less than fifteen years of imprisonment, or life imprisonment."
According to Article 48, mitigating circumstances apply to acts committed under the influence of wrongful actions or the instructions of a superior.
Related Documents:Loi nē 7864 pour la Croix-Rouge albanaise. Albanian Red Cross Act (Law No. 7864 of 1994). 29 september 1994. [FRA] * * * Jurisdiction and statute of limitations:
Article 6: The applicable law on criminal acts committed by Albanian citizens
As concerning criminal acts committed by Albanian citizens within the territory of the Republic of Albania, the criminal law of the Republic of Albania shall apply.
The criminal law of the Republic of Albania shall also be applicable to the Albanian citizen who commits a crime within the territory of another country, when that crime is concurrently punishable, unless a foreign court has given a final sentence. The rule of Concurrent Sentence is not executed in the territory of another state in the event of crimes of corruption in public or private sectors, and also exercise of illegal impact.
In the sense of this article, Albanian citizens shall also be considered those persons who apart from the Albanian citizenship hold another one too.See:
Article 7: The applicable law on criminal acts committed by foreign citizens
A foreign citizen who commits a criminal act within the territory of the Republic of Albania is subject to the criminal law of the Republic of Albania. The criminal law of the Republic of Albania is also applicable to a foreign citizen who, outside of the Republic of Albania, commits one of the following offences against the interests of the Albanian State or an Albanian citizen:
- crimes against humanity;
- crimes against Albanian independence and its constitutional order;
- crimes with terrorist purposes;
- organizing prostitution, illegal trafficking of human beings, children and women, producing and illegally trafficking arms, drugs, other narcotic or psychotropic substances, nuclear substances, pornographic materials, illegal traffic of art works or objects that have historical, cultural, and archaeological values;
- [Repealed by law 23/2012]
- falsifying the Albanian state seal, Albanian currency, or Albanian bonds or stocks;
- crimes which affect the life or health of Albanian citizens, in respect of which the law provides for a minimum punishment of imprisonment for no less than five years;
- laundering the proceeds of crime;
- corruption in the public or private sector, and insider trading;
- criminal offences in the area of information technology.
Article 7/a: Universal jurisdiction
The criminal law of the Republic of Albania is also applicable to the foreign citizen, who is situated in the territory of the Republic of Albania and has not been extradited, and who has committed outside of the territory of the Republic of Albania one of the following crimes:
a) crimes against humanity;
b) war crimes;
c) genocide;
d) crimes with terrorist purposes;
dh) financing of terrorism.
e) torture.The criminal law of the Republic of Albania is also applicable to the foreign citizen, who commits outside of the territory of the Republic of Albania one of the criminal offenses for which specific laws or international agreements, in which Albania is party, provide the applicability of Albanian criminal law.
Article 8: Applicable law on criminal acts committed by a person without nationality
If a person who does not hold any nationality commits a criminal act within the territory of the Republic of Albania or an offence outside it, the provisions of Articles 7 and 7/a of this Code shall apply.
Article 9: Persons protected from international law
The provisions of this Code are also applicable for criminal offences committed against internationally protected persons. Unless the international treaties ratified by the Albanian state otherwise provide, an internationally protected person is:
a) The head of a state, including a member of the collegial body who discharge the functions of the head of state under the Constitution of the state in question, the head of the government or the minister of foreign affairs, if they are in another state and the family members accompanying them;
b) Each representative or official of a state or any official or agent of an international organization of inter-governmental character who, at the time and place of the commission of the criminal offence against them, their office, their private buildings or their means of transport, shall enjoy in accordance with the international law, special protection from any assaults against them, their freedom and dignity and their family members.Article 9/a: Responsibility of a foreign citizen who enjoys immunity
Any case concerning the responsibility of a foreign citizen who commits a criminal act within the territory of the Republic of Albania and enjoys immunity according to international law shall be resolved diplomatically.
Article 67: Non-application of the statute of limitations on criminal prosecution
There is no statute of limitation applicable to the criminal prosecution of war crimes and crimes against humanity.
Criminal Code of the Republic of Albania
Law No. 7895, 27 January 1995 (Consolidated version as of 2013.) [ENG] (English version provided by the OSCE Office for Democratic Institutions and Human Rights). [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: Albania signed the Rome Statute on 18 July 1998 and deposited its intrument of ratification on 31 January 2003.Upon ratification, Albania made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:
30 August 2004
"In accordance with article 87, paragraph 1, of the Rome Statute of the International Criminal Court, the Republic of Albania declares that the requests of the Court shall be sent through diplomatic channels to the Ministry of Justice, Department of International Judicial Cooperation, Boulevard A. Zog, Tīrana, Albania.
In accordance with article 87, paragraph 2, of the Rome Statute of the International Criminal Court, the requests for cooperation and all the supporting documents of the requests, shall be in Albanian Language and in one of the working languages of the Court, English or French."
Law Nr. 8001 on Genocide and Crimes against Humanity Committed in Albania during Communist Rule for Political, Ideological and Religious Motives.
Law Nr. 8001, 22 September 1995. [ENG]Criminal Code of the Republic of Albania.
Law No. 7895, 27 January 1995 (Consolidated version as of 2013.) [ENG] (English version provided by the OSCE Office for Democratic Institutions and Human Rights). [ENG]
Loi nē 7864 pour la Croix-Rouge albanaise. Albanian Red Cross Act (Law No. 7864 of 1994). 29 september 1994. [FRA]
Library of Congress Guide to Law on Albania. [External Link]
United Nations High Commissioner for Refugees country page on Albania. [External Link]
International Humanitarian Law treaties to which Albania is a State Party.
International Committee of the Red Cross [External Link]
Albanian Legal Information Initiative. Chicago-Kent College of Law [External Link]
Presidency of the Republic of Albania / Republika e Shqipërisës. [External Link to official website]