Practice Relating to Rule 158. Prosecution of War Crimes
Uruguay’s Military Penal Code (1943), as amended, under the heading “Crimes which affect the moral strength of the army and of the naval forces”, lists a number of acts, such as the violation of the rule of humane treatment of POWs, looting, attacks against certain specific objects, for which it provides punishment.
Uruguay’s Law on Cooperation with the ICC (2006) states:
Asylum or refugee protection must not be granted if there are good reasons to believe that the person has committed one of the crimes or offences set out by the present law [including genocide, crimes against humanity and war crimes], even if the person fulfils the conditions for receiving asylum or requesting refugee status.
Uruguay’s Law on Refugee Status (2006) states under the heading “Exclusion Clauses”:
Not entitled to the legal status of refugee in the Uruguayan territory are persons with respect to whom there are serious reasons for considering that:
A) They have committed … a war crime … as defined by international law.