National Implementation of IHL
Law on the new criminal code, 2015
Loi no 2015-010 du 24 novembre 2015 portant nouveau code pénal

24.11.2015
Yes

Summary
On 24 November 2015, Law No 2015-010 on the new criminal code was issued, derogating Law No. 80-1 of 12 August 1980.

Chapter I Tittle II prescribes for international crimes: genocide, war crimes, crimes against humanity and the crime of apartheid. In particular, article 145 of this Code provides for war crimes and the provisions defining the punishable conducts (Articles 145 to 148) are essentially based on Articles 8 of the Rome Statute of the International Criminal Court and thus apply both international and non-international armed conflicts. The sanctions for war crimes are imprisonment ranging from 20 to 30 years and a fine that ranges from 25 000 000 to 100 000 000 CFA Francs.

Section 5 of this Title establishes common provisions for these international crimes and provides for the principles of command responsibility and the defense of superior orders. Article 164 establishes that there are no statutes of limitations for these crimes.

It is also worth mentioning that Article 342 punishes the exploitation of children in armed conflict and prohibits their recruitment by the armed forces or armed groups, as well as their participation in hostilities. Finally, article 649 criminalizes mercenaries who participate in an international armed conflict.


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application/pdf 842 KB Togo - Law on the new criminal code, 2015 [FRE].pdf