Practice Relating to Rule 158. Prosecution of War Crimes
Tajikistan’s Criminal Code (1998) provides for the punishment of: “illegal use of emblems and signs of the Red Cross and Red Crescent” (Article 333); “genocide” (Article 398); “biocide” (Article 399); “ecocide” (Article 400); “mercenarism” (Article 401); “attacks against persons and establishments under international protection” (Article 402); “wilful breaches of norms of international humanitarian law committed in [an international or internal] armed conflict” (Article 403); “wilful breaches of norms of international humanitarian law committed in international or internal armed conflict with the threat to health or causing bodily injury” (Article 404); and “other breaches of the norms of international humanitarian law” (Article 405).
In 2008, in its report to the UN Secretary-General on the status of the 1977 Additional Protocols, Tajikistan stated: “Breaches of the norms of international humanitarian law either in international or in non-international conflicts are offences under the criminal law of the Republic of Tajikistan and are punishable as such.”
Tajikistan’s Law on Refugees (2002), as amended to 2014, states:
Provisions of the current Law shall not apply to asylum-seekers and refugees in the following cases:
– if there are sufficient grounds to presume that they have committed a war crime … as defined in the international instruments recognized by the Republic of Tajikistan.