National Implementation of IHL
Organic law No. 15-003 on the creation, organisation and functioning of the Special Criminal Court, 2015
Loi organique No. 15-003 portant création, organisation et fonctionnement de de la Cour Pénale Spéciale, 2015

03.06.2015
Yes

Summary
On 3 June 2015, the Organic law on the creation, organisation and functioning of the Special Criminal Court was promulgated. The law, in its title VII chapter 1 provides that the Special Criminal Court will be created for a duration of 5 years, that can be renewed if necessary.
According to Article 20, the Court will be composed of national and international judges. Article 24 provides notably that the international judges will be nominated upon proposition of the MINUSCA.
Article 7 of the law specifies that the Court is composed of four chambers.
Its budget is supported by the international community in consultation with the Government of Central African Republic (Article 53).

Article 3 of the law provides that the Court is competent for serious violations of human rights and serious violations of international humanitarian law committed on the territory of the Central African Republic since 1 January 2003, notably the crime of genocide, crimes against humanity and war crimes. The crimes under the jurisdiction of the Court have no statute of limitations. The Court enjoys primacy over national jurisdictions.

Article 56 establishes that there is no distinction based on official capacity. Articles 57 and 58 provide for criminal responsibility for military commanders and other superiors.

Applicable penalties are the ones provided for by the Penal Code of the Central African Republic (Article 59). The maximum penalty is life imprisonment.

Document
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application/pdf 1,062 KB Loi organique no 15.003 portant création, organisation et fonctionnement de la Cour pénale spéciale, 2015 [Fr].pdf