Practice Relating to Rule 151. Individual Responsibility
Section A. Individual criminal responsibility
Estonia’s Penal Code (2001) provides that the author of crimes against humanity (paragraph 89), genocide (paragraph 90), crimes against peace (paragraphs 91–93) or war crimes (paragraphs 94–109) shall be punished.
The Penal Code further provides:
(1) Offences committed in times of war which are not provided for under this section [dealing with war crimes] are punishable on the basis of other provisions of the special part of this Code.
(2) A person who has committed an offence provided for under this section shall be punished only for the commission of a war crime even if the offence comprises the necessary elements of other offences provided for in the special part of this Code.