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Crime of Aggression

Crimes Against Humanity

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Domestic Legislation | Resources and Links





Domestic legislation for serious crimes under international law

Crimes

Crime of Aggression

The crime of aggression is provided for under Book IV, Title III (Serious Offenses of Aggression and Attacks against the Interests of the Nation), Chapter I (The Serious Offence of Aggression), Article 378 of the Criminal Code of the Dominican Republic (Law No. 550-14 of 26 December 2014). This Article lists a series of acts which constitute aggression and which are the same as those listed in the Kampala amendments to the Rome Statute of the International Criminal Court on the crime of aggression:

    "Article 378. Serious offense of aggression. It constitutes a serious offense of aggression to plan, prepare, initiate or execute, through the use of the armed forces of a State, against the sovereignty, territorial integrity or political independence of another State, any of the following acts:
      a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, whether or not temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof;
      b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;
      c) The blockade of the ports or coasts of a State by the armed forces of another State;
      d) An attack by the armed forces of a State on the land, sea or air forces of another State or its merchant marine or air fleets;
      e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions set out in such agreement as well as any extension of their presence in such territory beyond the termination of the agreement;
      f) The action of a State in allowing its territory, which has been placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;
      g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or the substantial participation of a State in such acts."
Article 379 states that only those indivisuals in a position effectively to exercise control over or to direct the political or military action of the aggressor State shall be criminally liable for the crime of aggression. Article 380 declares that this crime is not subject to any statute of limitations and that those responsible for aggression cannot not benefit from any amnesty. According to the same article, the commission of an act of aggression cannot be justified by reference to the orders of a superior or of a public authority nor to the existence of exceptional circumstances.

See:

  • Ley No. 550-14 que establece el Código Penal de la República Dominicana. (Law No. 550-14 Establishing the Criminal Code)
    G.O. (Official Gazette) No. 10788, 26 diciembre 2014. [SPA]

    Crimes Against Humanity

    ➤ Crimes against humanity are provided for under Book II, Title I (Serious Offenses against Humanity), Chapter II (Other Serious Offenses against Humanity and of War), Article 91 of the Criminal Code of the Dominican Republic (Law No. 550-14 of 26 December 2014):

      "Article 91. Crimes against humanity. The acts listed below, when perpetrated intentionally and when committed as part of a widespread or systematic attack against any civilian population, shall be considered as other serious offenses against humanity and shall be sanctioned with the same penalty as that provided for genocide:
        1) Murder;
        2) Torture;
        3) Extermination;
        4) Sexual violence;
        5) Rape;
        6) Sexual slavery;
        7) Enforced prostitution;
        8) Forced pregnancy;
        9) Forced sterilization or any other form of sexual violence of comparable gravity;
        10) Enforced disappearance of persons;
        11) Enslavement;
        12) Deportation or forcible transfer of population;
        13) Imprisonment or other severe deprivation of liberty;
        14) Persecution against any group or collectivity with its own identity for political, racial, national, ethnic, cultural, religious, gender, disability or other grounds that are universally recognized as impermissible under international law
        15) Racial segregation;
        16) Other inhumane acts of a similar character causing great suffering, or serious injury to body or to mental or physical health.
      Paragraph. For the purposes of this article, the exercise of migratory control over persons who enter or remain illegally in national territory shall not be considered as deportation or forcible transfer of population."
    See:

  • Ley No. 550-14 que establece el Código Penal de la República Dominicana. (Law No. 550-14 Establishing the Criminal Code)
    G.O. (Official Gazette) No. 10788, 26 diciembre 2014. [SPA]

    ➤ Additionally, Article 49 of the Criminal Procedural Code of the Dominican Republic is devoted to "Genocide, war crimes and crimes against humanity". It does not contain a definition of these crimes, yet it considers as such those contained in international treaties, regardless of the legal characterization attributed to them in national laws. See:

  • Ley nº 10-15 que modifica el Código Procesal Penal de la República Dominicana. (Law No. 10-15 amending the Criminal Procedural Code).
    G.O. (Official Gazette) No. 10791, 10 febrero 2015. [SPA]

  • Ley No. 76-02 que establece el Código Procesal Penal de la República Dominicana. (Law No. 76-02 Establishing the Criminal Procedural Code).
    G.O. (Official Gazette) No. 10170, 19 julio 2002. [SPA]

    Genocide

    ➤ Genocide is provided for under Book II (Offenses against Persons), Title I (Serious Offenses against Humanity), Chapter I (Genocide and Enforced Disappearance of Persons), Article 89 of the Criminal Code of the Dominican Republic (Law No. 550-14 of 26 December 2014):

      "Article 89. Genocide. Genocide is committed by those who, with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, or a group characterized by the disability of its members, perpetrate one of the following acts:
        1) Killing of one or more members of the group;
        2) Causing injuries considered singularly as a crime and that affect the physical or mental health of the victim;
        3) Inflicting on the group conditions of existence which seriously endanger the life or the physical or mental health of its members;
        4) Imposing measures intended to prevent births within the group;
        5) Sexually assaulting any member of the group; 6) Carrying out the forced displacement of the group or its members, or forcibly transferring members of the group to another group.
      Paragraph. Genocide shall be punished with a major prison term of thirty to forty years."
    Article 93 of the Criminal Code punishes the participation in a group or in a common plan with the purpose of committing war crimes and crimes against humanity.

    See:

  • Ley No. 550-14 que establece el Código Penal de la República Dominicana. (Law No. 550-14 Establishing the Criminal Code)
    G.O. (Official Gazette) No. 10788, 26 diciembre 2014. [SPA]

    ➤ Additionally, Article 49 of the Criminal Procedural Code of the Dominican Republic is devoted to "Genocide, war crimes and crimes against humanity". It does not contain a definition of these crimes, yet it considers as such those contained in international treaties, regardless of the legal characterization attributed to them in national laws. See:

  • Ley nº 10-15 que modifica el Código Procesal Penal de la República Dominicana. (Law No. 10-15 amending the Criminal Procedural Code).
    G.O. (Official Gazette) No. 10791, 10 febrero 2015. [SPA]

  • Ley No. 76-02 que establece el Código Procesal Penal de la República Dominicana. (Law No. 76-02 Establishing the Criminal Procedural Code).
    G.O. (Official Gazette) No. 10170, 19 julio 2002. [SPA]

    War Crimes

    ➤ War crimes are provided for under Book II, Title I (Serious Offenses against Humanity), Chapter II (Other Serious Offenses against Humanity and of War), Section II (Serious War Offenses), Article 92 of the Criminal Code of the Dominican Republic (Law No. 550-14 of 26 December 2014):

      "Article 92. Serious offenses of war. Perpetrating or ordering the perpetration of any of the following acts, either in time of war or during an armed conflict of international or national character, shall be considered as a serious war violation and shall be punishable with the same penalty as that provided for genocide:
        1) Wilful killing;
        2) Torture or other cruel, inhuman or degrading treatment, as well as outrages on the dignity of the person;
        3) Submission to biological, medical or scientific experiments;
        4) Destruction, appropriation or looting of property,
        5) Forcible service in the armed forces of the enemy or participation in military actions;
        6) Denial of the right of a fair trial;
        7) Unlawful deportation or transfer;
        8) Unlawful confinement;
        9) Taking of hostages;
        10) Directing attacks against the civilian population;
        11) Directing attacks against civilians objects;
        12) Directing attacks against personnel or objects involved in a peacekeeping mission or in a humanitarian assistance mission;
        13) Causing excessive incidental loss of life, injuries or damages;
        14) Attacks on undefended locations;
        15) Killing or wounding a person who is hors de combat;
        16) Making improper use of the white flag;
        17) Making improper use of the insignia or uniform of the enemy
        18) Making improper use of a flag or insignia of the United Nations or of assistance, relief or truce agencies;
        19) Making improper use of a flag or other protective signs provided for in international treaties ratified by the Dominican Republic;
        20) Deportation or forced transfer of population;
        21) Attanck on protected objects;
        22) Mutilation;
        23) Killing or wounding treacherously;
        24) Declaring that no quarter will be given;
        25) Employing poison or poisoned weapons;
        26) Employing prohibited or toxic gases, liquids, materials or devices;
        27) Employing prohibited weapons or ammunition;
        28) Rape, sexual slavery, enforced prostitution, forced pregnancy, forced sterilization or sexual violence;
        29) Employing protected persons as human shields;
        30) Causing death by starvation or causing the civilian population to suffer starvation or thirst as a method of warfare;
        31) Conscripting or enlisting of children and adolescents in the armed forces;
        32) Imposing collective punishment or performing acts or threats that are intended to terrorize the civilian population;
        33) Violating the agreed truce or armistice;
        34) Continuing an attack against persons hors de combat, knowing that there have been unequivocal acts of surrender on the part of the adversary, in order not to leave survivors, to finish off the wounded and sick, or to abandon them, as well as any another type of act of barbaric act;
        35) Omitting relief and humanitarian assistance measures;
        36) Atacking demilitarized zones;
        37) An attack causing widespread, long-term and severe damage to natural resources and the environment."
    Article 93 of the Criminal Code punishes the participation in a group or in a common plan with the purpose of committing war crimes and crimes against humanity. Article 94 provides that the superior who, through negligence or recklessness, does not exercise appropriate control over his subordinates, allowing them to commit any of the war crimes enumerated in articles 92 and 93, shall be punished with thirty to forty years of imprisonment.

    See:

  • Ley No. 550-14 que establece el Código Penal de la República Dominicana. (Law No. 550-14 Establishing the Criminal Code)
    G.O. (Official Gazette) No. 10788, 26 diciembre 2014. [SPA]

    ➤ Additionally, Article 49 of the Criminal Procedural Code of the Dominican Republic is devoted to "Genocide, war crimes and crimes against humanity". It does not contain a definition of these crimes, yet it considers as such those contained in international treaties, regardless of the legal characterization attributed to them in national laws. See:

  • Ley nº 10-15 que modifica el Código Procesal Penal de la República Dominicana. (Law No. 10-15 amending the Criminal Procedural Code).
    G.O. (Official Gazette) No. 10791, 10 febrero 2015. [SPA]

  • Ley No. 76-02 que establece el Código Procesal Penal de la República Dominicana. (Law No. 76-02 Establishing the Criminal Procedural Code).
    G.O. (Official Gazette) No. 10170, 19 julio 2002. [SPA]


    Jurisdiction

    Jurisdiction:

    Article 56 of the Criminal Procedural Code provides that "[T]he criminal jurisdiction is exercised by the judges and courts established by this code, and extends to Dominicans and foreigners for the purpose of recognising and trying punishable acts committed in whole or in part in national territory or where the effects of such acts occur therein, save for those cases excepted in the treaties or international conventions adopted by the authorities or under recognized principles of general international law and regional American law.

    The second paragraph of Article 56 reads: "It is the responsibility of the national courts, to prosecute the cases that constitute genocide, war crimes or crimes against humanity, regardless of the place of their commission, provided that the accused resides, even temporarily, in the country or the facts were committed to the detriment of nationals".

    Non-applicability of statutory limitations, amnesties or due obedience:

    Article 95 of the Criminal Code provides that "[G]enocide, enforced disappearance of persons, other serious crimes against humanity, serious violations of war, as well as the penalties imposed as a result of them, are imprescriptible." Paragraph I of the same article states that the persons convicted of these offenses shall not benefit from pardons or amnesties, and paragraph II provides that obedience to superior orders cannot be invoked as a justification for the commission of these crimes, nor the existence of exceptional circumstances.

    Regarding the crime of aggression, Article 380 of the Criminal Code declares that this crime is not subject to any statute of limitations and that those responsible for aggression cannot benefit from any amnesty. According to the same article, obedience to superior orders cannot be invoked as a justification for the commission of an act of aggression.

    Article 49 of the Criminal Procedural Code (in the amended version introduced by Law No. 10-15 of 10 February 2015) provides that genocide, war crimes, the crime of aggression and crimes against humanity are not subject to any statute of limitations.

    See:

  • Ley No. 550-14 que establece el Código Penal de la República Dominicana. (Law No. 550-14 Establishing the Criminal Code)
    G.O. (Official Gazette) No. 10788, 26 diciembre 2014. [SPA]

  • Ley nº 10-15 que modifica el Código Procesal Penal de la República Dominicana. (Law No. 10-15 amending the Criminal Procedural Code).
    G.O. (Official Gazette) No. 10791, 10 febrero 2015. [SPA]

  • Ley No. 76-02 que establece el Código Procesal Penal de la República Dominicana. (Law No. 76-02 Establishing the Criminal Procedural Code).
    G.O. (Official Gazette) No. 10170, 19 julio 2002. [SPA]


    International Criminal Court

    Rome Statute of the International Criminal Court: The Dominican Republic signed the Rome Statute on 08 September 2000 and deposited its instrument of ratification on 12 May 2005.

  • Resources and Links

  • Dominican Republic's Constitution.
    Comparative Constitutions Project, University of Texas at Austin. [ENG]. [Last accessed 07Dec17]. [External Link to pdf document]

  • Constitución de la República Dominicana. (Promulgada 26 enero 2010)
    Portal Oficial del Estado Dominicano. [SPA]. [Last accessed 07Dec17]. [External Link to pdf document]

  • Código Penal de la República Dominicana.
    Consultoría Jurídica del Poder Ejecutivo. [SPA]. [Last accessed 07Dec17]. [External Link to pdf file]

  • Código Procesal Penal de la República Dominicana.
    Consultoría Jurídica del Poder Ejecutivo. [SPA]. [Last accessed 07Dec17]. [External Link to pdf file]

  • Ley que introduce modificaciones a la Ley No. 76-02, del 19 de julio de 2002, que establece el Código Procesal Penal de la República Dominicana.
    Consultoría Jurídica del Poder Ejecutivo. [SPA]. [Last accessed 07Dec17]. [External Link to pdf file]

  • Consultoría Jurídica del Poder Ejecutivo.
    (Legislation database with search engine).
    [SPA]. [Last accessed 07Dec17]. [External Link]

  • List of International Humanitarian Law Treaties to which the Dominican Republic is a State party. [ENG]
    International Committee of the Red Cross. [ENG]. [Last accessed 07Dec17]. [External Link]