Loi n° 2010-930 du 9 août 2010 portant adaptation du droit pénal à l'institution de la Cour pénale internationale
||JORF n°0183 du 10 août 2010 page 14678, texte n° 1, http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000022681235&dateTexte=&categorieLien=id (last accessed on 02.05.2013)
Law No. 2010-930 adapting criminal law to the Statute of the International Criminal Court was adopted on 9 August 2010 and entered into force on 10 August 2010.The new law mainly integrates the essential elements of the Rome Statute of 17 July 1998 into French law, without fully implementing all the provisions of the treaty.
The law amends the Penal Code by criminalizing direct and public incitement to commit genocide, broadening the definition of crimes against humanity to include certain acts listed in Article 7 of the Rome Statute. It also establishes the principle of command responsibility – opening the possibility of challenging the criminal liability of superior military and civilian personnel because of their passive
complicity in relation to war crimes and crimes against humanity committed by a subordinate. France has also introduced into its legislation the definition and criminalization of war crimes under Article 8 of the Rome Statute.
On the other hand, the law sets the statute of limitations for war crimes to thirty years, reserving imprescriptibility only to crimes against humanity. It also amends the Code of Criminal Procedure by granting French courts jurisdiction to prosecute and try cases against a person who resides in the territory of France and who has committed abroad a crime within the jurisdiction of the International
Criminal Court, if the conduct is punishable under the laws of the state where the crime is committed or where such state is party to the Rome Statute, or where such person is a national of a state party to the convention, and when no international or national jurisdiction require the surrender and extradition of the person concerned.