Domestic implementation of international criminal law
Mongolia
Domestic Legislation | Resources and Links
Crimes Crime of Aggression
Title 10, Chapter 30, Article 297 of the Criminal Code of Mongolia states:
"297.1. Stirring up of an international or a local armed conflict shall be punishable by imprisonment for a term of more than 5 to 10 years."
Criminal Code of Mongolia. 01 September 2002 (as amended on 14 May 2004). Crimes Against Humanity
No provision
Genocide
Title 10, Chapter 30, Article 302 of the Criminal Code of Mongolia states:
"302. Any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: killing of members of the group; causing grave bodily injuries to members of the group; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group or deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part shall be punishable by imprisonment for a term of 20 to 25 years or the death penalty."
Criminal Code of Mongolia. 01 September 2002 (as amended on 14 May 2004). War Crimes
See Title 10, Chapter 30, Articles 299, 300, 301, 303 and 304 of the Criminal Code of Mongolia:
Criminal Code of Mongolia. 01 September 2002 (as amended on 14 May 2004).
Jurisdiction
Articles 13 and 14 of the Criminal Code of Mongolia provide as the following: "Article 13. Grounds and Rules of Application of the Criminal Law to the Persons Who Committed Crimes in the Territory of Mongolia
13.1. Persons who have committed crimes in the territory of Mongolia shall be subject to the criminal liability under this Code.
13.2. In case of committing a crime on the land in possession of the diplomatic representative offices of Mongolia abroad that constitutes its territory, on board a ship flying the state flag of Mongolia or aircraft that is beyond its frontiers the culprit shall be subject to criminal liability under this Code.
13.3. The matter of criminal liability of the persons who enjoy diplomatic immunity and those who do not fall within the criminal jurisdiction of Mongolian courts under the laws in force and international agreements shall be settled through the diplomatic channels.
Article 14. Grounds and Rules of Application of the Criminal Code to the Persons Who Have Committed Crimes Beyond the Territory of Mongolia14.1. If a citizen of Mongolia or a stateless person permanently residing in Mongolia has committed a crime specified in this Code abroad and he/she has not been sentenced for it, he/she shall be subject to criminal liability under this Code.
14.2. If the person specified in paragraph 1 above has been imposed penalty for the crime abroad, a Mongolian court may commute the penalty imposed in accordance with this Code or renounce the person recognized guilty. Unless otherwise provided in an international agreement to which Mongolia is a party the court may recognize the person not guilty in accordance with the grounds and rules set in this Code.
14.3. Unless otherwise provided in an international agreement to which Mongolia is a party Mongolian servicemen who have committed crimes in the course of their service abroad shall be subject to criminal liability under this Code.
14.4. Foreign nationals and stateless persons who have committed crimes beyond the territory of Mongolia shall be subject to criminal liability under this Code if only an international agreement to which Mongolia is a party provides so.
14.5. If a foreign national or a stateless person who does not permanently reside in Mongolia has committed a crime against the interests of Mongolia beyond its territory for which he/she has not been sentenced, he/she may be subjected to criminal liability under this Code in the events specified in an international agreement to which Mongolia is a party."
International Criminal Court
Rome Statute of the International Criminal Court: Mongolia signed the Rome Statute of the International Criminal Court on 29 December 2000 and deposited its instrument of ratification on 11 April 2002.
The Constitution of Mongolia. 1992.
(World Intellectual Property Organization - WIPO). [ENG]. [Last accessed 01Mar17]. [External Link]
Legal Guide to Mongolia. [ENG]
(U.S. Law Library of Congress). [Last accessed 01Mar17]. [External Link]
List of International Humanitarian Law Treaties to which Mongolia is a State party. [ENG]
(International Committee of the Red Cross). [ENG]. [Last accessed 01Mar17]. [External Link]