Practice Relating to Rule 161. International Cooperation in Criminal Proceedings
Luxembourg’s Law on the Punishment of Grave Breaches (1985) states that, under certain conditions:
Luxembourg can hand over to governments of States parties to the [1949 Geneva Conventions] every foreign person being prosecuted or convicted in these States for an offence provided for in the Geneva Conventions and in Article 1 of this law, provided that sufficient charges are held against [him or her] and that the statutes of limitation for the public prosecution or for the sentencing have not yet been reached under Luxembourg’s law.
Luxembourg’s Law on the Punishment of Grave Breaches (1985), in a part dealing with the conditions for a possible extradition of war criminals, states: “The crimes provided for in Article 1 [i.e. grave breaches of the 1949 Geneva Conventions] are neither considered to be political crimes nor acts connected with similar crimes.”
Luxembourg’s Law on Cooperation with the International Tribunals (1999) states:
For the implementation of resolution 827 of the United Nations Security Council of 25 May 1993 establishing an International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 and a date to be determined by the Security Council after the restoration of peace, and for the implementation of resolution 955 of the United Nations Security Council on 8 November 1994 establishing an International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens responsible for genocide and other such violations committed in the territory of neighbouring States, between 1 January 1994 and 31 December 1994, the Grand Duchy of Luxembourg participates in the repression of crimes and cooperates with these courts under the conditions laid down by this Act.