National Implementation of IHL
Law on the Criminal Code, 2016
Loi No. 2016-059/AN portant Code Pénal

26.10.2016
Yes

Summary
On 26 October 2016, the Assembly adopted Law N°2016/059/AN on the Criminal Code. The Code defines and establishes the set of rules regulating crimes against persons. It establishes sanctions against acts of genocide, crimes against humanity and war crimes.

Art 681 criminalizes the misuse of the distinctive emblems and signs designated by the Geneva Conventions and Additional Protocols.

Article 787 addresses war crimes and represses the following acts: serious violations of the Geneva Conventions and Additional Protocols, serious violations of the laws and customs of war applicable in international armed conflicts, violations of common article 3 of the Geneva Conventions in non-international armed conflicts, and other violations of laws and customs of war applicable in non-international armed conflict, in the framework on international law.

Article 788-793 determine the conducts constituting war crimes and transpose provisions of the Rome Statute and the Geneva Conventions; article 795 further establishes life imprisonment punishment to those who commit these acts.

Article 848 represses violations against laws regulating weapons: chemical weapons, small arms and light weapons, anti-personal mines and cluster munitions, in accordance with the international treaties that prohibit their use in armed conflict.


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