Domestic application of international criminal law
Republic of Estonia
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Crimes Crimes against Peace / Crime of Aggression
Crimes against Peace are defined under Part 2 ("Special Part"), Chapter 8 ("Offences against Humanity and International Security"), Division 3 ("Offences against Peace"), of the Penal Code of the Republic of Estonia:
"91. Crimes of aggression
See also "§ 93. Development and handling of prohibited weapons" and "§ 93.1. Failure to apply international sanctions", available at:
"(1) Participation in the management, execution or preparation of an act of aggression controlling or directing the activities of the state or threatening with an act of aggression by a representative of the state is punishable by eight to twenty years’ imprisonment or life imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
(3) For the purposes of this Code, an act of aggression is the use of armed forced by one state in conflict with international law against another state."
"§ 92. Propaganda for war
(1) Any incitement to war or other use of arms in violation of the generally recognised principles of international law is punishable by a pecuniary punishment or up to three years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment."
The Penal Code of Estonia. (06 June 2001. As amended up to 18 February 2015). [ENG]
Riigi Teataja (State Gazette), Estonia.
International Criminal Court: Estonia ratified the Kampala amendments on the Crime of Aggression on 27 March 2013.
Estonia ratifies amendments on the crime of aggression and article 8
Press Release ICC-ASP-20130328-PR893, Assembly of States Parties to the International Criminal Court, The Hague, 28Mar13 [ENG]Crimes against Humanity
Crimes against Humanity are defined in Part 2 ("Special Part"), Chapter 8 ("Offences against Humanity and International Security"), Division 2 ("Offences against Humanity"), Section 89, of the Penal Code of the Republic of Estonia:
"§ 89. Crimes against humanity
( (1) Systematic or large-scale deprivation or restriction of human rights and freedoms, instigated or directed by a state, organisation or group, or killing, torture, rape, causing health damage, forced displacement, expulsion, subjection to prostitution, unfounded deprivation of liberty, or other abuse of civilians, is punishable by eight to twenty years’ imprisonment or life imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment."
The Penal Code of Estonia. (06 June 2001. As amended up to 18 February 2015). [ENG]
Riigi Teataja (State Gazette), Estonia.Genocide
Genocide is defined in Part 2 ("Special Part"), Chapter 8 ("Offences against Humanity and International Security"), Division 2 ("Offences against Humanity"), Section 90, of the Penal Code of the Republic of Estonia:
"§ 90. Genocide
(1) Killing or torturing, with the intention of destroying, in whole or in part, of members of a national, ethnic, racial or religious group, a group resisting occupation or any other social group, causing of health damage to members of the group, imposing of coercive measures preventing childbirth within the group or forcibly transferring of children of the group, or subjecting of members of such group to living conditions which have caused the risk of total or partial physical destruction of the group, is punishable by eight to twenty years’ imprisonment or life imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment."
The Penal Code of Estonia. (06 June 2001. As amended up to 18 February 2015). [ENG]
Riigi Teataja (State Gazette), Estonia.
See also:
Protection of War Graves Act (10 January 2007). [ENG]
Riigi Teataja (State Gazette), Estonia.
Persons Repressed by Occupying Powers Act (17 December 2003). [ENG]
Riigi Teataja (State Gazette), Estonia.War Crimes
War Crimes are defined in Part 2 ("Special Part"), Chapter 8 ("Offences against Humanity and International Security"), Division 4 ("War Crimes"), Sections 94 to 109, of the Penal Code of the Republic of Estonia. See:
The Penal Code of Estonia. (06 June 2001. As amended up to 18 February 2015). [ENG]
Riigi Teataja (State Gazette), Estonia.
See also:
Protection of War Graves Act (10 January 2007). [ENG]
Riigi Teataja (State Gazette), Estonia.
Red Cross Designation and Emblem Act. (05 April 2006). [ENG]
Riigi Teataja (State Gazette), Estonia.
Persons Repressed by Occupying Powers Act (17 December 2003). [ENG]
Riigi Teataja (State Gazette), Estonia.* * *
Common provisions of the Penal Code of Estonia applicable to the "Offences Against Humanity and International Security":"§ 88. Punishment for criminal offences provided for in this Chapter
(1) For a criminal offence provided for in this Chapter, the representative of state powers or the military commander who issued the order to commit the criminal offence, consented to the commission of the criminal offence or failed to prevent the commission of the criminal offence although it was in his or her power to do so or who failed to submit a report of a criminal offence while being aware of the commission of the criminal offence by his or her subordinates shall also be punished in addition to the principal offender.
(2) Commission of a criminal offence provided for in this Chapter pursuant to the order of a representative of state powers or a military commander shall not preclude punishment of the criminal offender."
Jurisdiction and statute of limitations Jurisdiction:
Jurisdictional matters are provided for under Chapter 1 ("General Provisions") of the Penal Code of Estonia, more particularly:"§ 7. Applicability of penal law by reason of person concerned
See also:
(1) The penal law of Estonia applies to an act committed outside the territory of Estonia if such act constitutes a criminal offence pursuant to the penal law of Estonia and is punishable at the place of commission of the act, or if no penal power is applicable at the place of commission of the act and if:1) the act is committed against a citizen of Estonia or a legal person registered in Estonia; or
(2) The penal law of Estonia applies:
2) the offender is a citizen of Estonia at the time of commission of the act or becomes a citizen of Estonia after the commission of the act, or if the offender is an alien who has been detained in Estonia and is not extradited.1) to an act committed outside the territory of Estonia if such act constitutes a criminal offence pursuant to the penal law of Estonia and the offender is a member of the Defence Forces performing his or her duties;
2) to grant, acceptance or arranging receipt of gratuities or bribes or influence peddling committed outside the territory of Estonia if such act was committed by an Estonian citizen, Estonian official or a legal person registered in Estonia, or an alien who has been detained in Estonia and who is not extradited, or such person participated therein."
"§ 8. Applicability of penal law to acts against internationally protected legal rights
Regardless of the law of the place of commission of an act, the penal law of Estonia shall apply to any acts committed outside the territory of Estonia if punishability of the act arises from an international obligations binding on Estonia."
Information provided by Estonia on the scope of universal jurisdiction in accordance with General Assembly resolution 64/117
General Assembly of the United Nations, Sixth Committee (Legal), sixty-fifth session (4 October to 11 November 2010). [ENG]
Non-application of statute of limitations:
Section § 5(4) of the Penal Code of Estonia states:"§ 5. Temporal applicability of penal law [...]
See:
(4) Offences against humanity and war crimes shall be punishable regardless of the time of commission of the offence."
The Penal Code of Estonia. (06 June 2001. As amended up to 18 February 2015). [ENG]
Riigi Teataja (State Gazette), Estonia.
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of Estonia signed the Rome Statute of the International Criminal Court on 27 December 1999 and deposited its instrument of ratification on 30 January 2002.
Upon ratification the Republic of Estonia made the following notification under article 87 (1) and (2) of the Rome Statute of the International Criminal Court:"Pursuant to Article 87, paragraph 1 of the Statute the Republic of Estonia declares that the requests from the International Criminal Court shall be transmitted either through the diplomatic channels or directly to the Public Prosecutor's Office, which is the authority to receive such requests.
Pursuant to 87, paragraph 2 of the Statute the Republic of Estonia declares that requests from the International Criminal Court and any documents supporting such requests shall be submitted either in Estonian which is the official language of the Republic of Estonia or in English which is one of the working languages of the International Criminal Court."
International Criminal Tribunal for the former Yugoslavia - ICTY
Agreement between the Government of the Republic of Estonia and the United Nations on the Enforcement of Sentences of the International Criminal Tribunal for the former Yugoslavia. (11 February 2008)
Kolk and Kislyiy v. Estonia. [ENG]
Application nos 23052/04 and 24018/04, ECtHR, Decision, 17 January 2006.
Kolk y Kislyiy v. Estonia. [ESL/SPA]
Tribunal Europeo de Derechos Humanos, Decisión, Demanda No. 23052/04 y No. 24018/04, 17 enero 2006.
Decision as to the admissibility of application no. 14685/04 by Vladimir PENART against Estonia. [ENG]
Application no. 14685/04, European Court of Human Rights (Fourth Section), Decision, 24 January 2006.
The Constitution of the Republic of Estonia. (Passed 28.06.1992. RT 1992, 26, 349. Entry into force 03.07.1992.
Riigi Teataja (State Gazette). [ENG]. [Last accessed 16Nov17]. [External Link]
The Constitution of the Republic of Estonia. (Passed 28.06.1992. RT 1992, 26, 349. Entry into force 03.07.1992)
Office of the President Official Website. [ENG]. [Last accessed 16Nov17]. [External Link]
Penal Code of Estonia. 06 June 2001. [With amendments up to 15 December 2016)]
Riigi Teataja (State Gazette). [ENG]. [Last accessed 16Nov17]. [External Link]
Code of Criminal Procedure. 12 February 2003. [With amendments up to 15 December 2016)]
Riigi Teataja (State Gazette). [ENG]. [Last accessed 16Nov17]. [External Link]
Riigi Teataja (State Gazette)
[LAV/ENG]. [Last accessed 16Nov17]. [External Link]
Legal Guide to Estonia
(U.S. Law Library of Congress). [ENG]. [Last accessed 16Nov17]. [External Link]
Estonia: National Implementation of IHL
International Committee of the Red Cross. [ENG]. [Last accessed 16Nov17] [External Link]
List of International Humanitarian Law Treaties to which Estonia is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 16Nov17]. [External Link]