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Criminal Code of Socialist Federal Republic of Yugoslavia, Article 141: Genocide

Chapter Sixteen:  CRIMINAL ACTS AGAINST HUMANITY AND INTERNATIONAL LAW

Article 141: Genocide

Whoever, with the intention of destroying a national, ethnic, racial or religious group in whole or in part,

orders the commission of killings
or the inflicting of serious bodily injuries or serious disturbance of physical or mental health of the group members,
or a forcible dislocation of the population,
or that the group be inflicted conditions of life calculated to bring about its physical destruction in whole or in part,
or that measures be imposed intended to prevent births within the group,
or that children of the group be forcibly transferred to another group,

or whoever with the same intent commits one of the foregoing acts, shall be punished by imprisonment for not less than five years or by the death penalty.

[Genocide and war crimes as criminal acts not subject to the statute of limitations]

Article 145: Organizing a group and instigating the commission of genocide and war crimes

1) Whoever organizes a group for the purpose of committing criminal acts referred to in articles 141 to 144 of this law, shall be punished by imprisonment for not less than five years.

(2) Whoever becomes a member of a group referred to in paragraph 1 of this article, shall be punished by imprisonment for not less than one year.

(3) A member of a group referred to in paragraph 1 of this article who exposes the group before he has committed a criminal act in its ranks or on its account, shall be punished by imprisonment for a term not exceeding three years, but the court may also refrain from imposing a punishment on him.

(4) Whoever calls on or instigates the commission of criminal acts referred to in articles 141 to 144 of this law, shall be punished by imprisonment for a term exceeding one year but not exceeding 10 years.

Article 142: War crime against the civilian population

Whoever in violation of rules of international law effective at the time of war, armed conflict or occupation, orders that civilian population be subject to killings, torture, inhuman treatment, biological experiments, immense suffering or violation of bodily integrity or health; dislocation or displacement or forcible conversion to another nationality or religion; forcible prostitution or rape; application of measures of intimidation and terror, taking hostages, imposing collective punishment, unlawful bringing in concentration camps and other illegal arrests and detention, deprivation of rights to fair and impartial trial; forcible service in the armed forces of enemy's army or in its intelligence service or administration; forcible labour, starvation of the population, property confiscation, pillaging, illegal and self-willed destruction and stealing on large scale of a property that is not justified by military needs, taking an illegal and disproportionate contribution or requisition, devaluation of domestic currency or the unlawful issuance of currency, or who commits one of the foregoing acts, shall be punished by imprisonment for not less than five years or by the death penalty.

Article 143: War crime against the wounded and sick

Whoever, in violation of the rules of international law at the time of war or armed conflict, orders murders, tortures, inhuman treatment of the wounded, sick, the shipwrecked persons or medical personnel, including therein biological experiments, causing of great sufferings or serious injury to the bodily integrity or health; or whoever orders unlawful and arbitrary destruction or large-scale appropriation of material and stocks of medical facilities or units which is not justified by military needs, or whoever commits some of the foregoing acts, shall be punished by imprisonment for not less than five years or by the death penalty.

Article 144: War crime against prisoners of war

Whoever, in violation of the rules of international law, orders murders, tortures or inhuman treatment of prisoners of war, including therein biological experiments, causing of great sufferings or serious injury to the bodily integrity or health, compulsive enlistment into the armed forces of an enemy power, or deprivation of the right to a fair and impartial trial, or who commits some of the foregoing acts, shall be punished by imprisonment for not less than five years or by the death penalty.

Article 145: Organizing a group and instigating the commission of genocide and war crimes

(1) Whoever organizes a group for the purpose of committing criminal acts referred to in articles 141 to 144 of this law, shall be punished by imprisonment for not less than five years.

(2) Whoever becomes a member of a group referred to in paragraph 1 of this article, shall be punished by imprisonment for not less than one year.

(3) A member of a group referred to in paragraph 1 of this article who exposes the group before he has committed a criminal act in its ranks or on its account, shall be punished by imprisonment for a term not exceeding three years, but the court may also refrain from imposing a punishment on him.

(4) Whoever calls on or instigates the commission of criminal acts referred to in articles 141 to 144 of this law, shall be punished by imprisonment for a term exceeding one year but not exceeding 10 years.

Article 146: Unlawful killing or wounding of the enemy

(1) Whoever in violation of the rules of international law in time of war or armed conflict kills or wounds an enemy who has laid down arms or unconditionally surrendered or has no means for the defense, shall be punished by imprisonment for not less than one year.

(2) If the killing referred to in paragraph 1 of this article has been committed in a cruel or insidious way, out of greed or from other base motives, or if more persons have been killed, the offender shall be punished by imprisonment for not less than 10 years or by the death penalty.

Article 147: Marauding

(1) Whoever orders the unlawful appropriation of belonging from the killed or wounded on battlefield, or who carries out such appropriation, shall be punished by imprisonment for a term exceeding one year but not exceeding five years.

(2) If the act referred to in paragraph 1 of this article has been committed in a cruel manner, the offender shall be punished by imprisonment for a term exceeding one year but not exceeding 10 years.

Article 148: Making use of forbidden means of warfare

(1) Whoever in time of war or armed conflict orders the use of means or practices of warfare prohibited by the rules of international law, or whoever makes use of such means and practices, shall be punished by imprisonment for not less than one year.

(2) If several persons have been killed as a result of an act referred to in paragraph 1 of this article, the offender shall be punished by imprisonment for not less than five years or by the death penalty.

Article 149: Violating the protection granted to bearers of flags of truce

Whoever in violation of the rules of international law in time of war or armed conflict insults, maltreats or detains the bearer of the flag of truce or his escort, or prevents them from returning, or in any other way violates their privilege of inviolability, shall be punished by imprisonment for a term exceeding six months but not exceeding five years.

Article 150: Cruel treatment of the wounded, sick and prisoners of war

Whoever in violation of the rules of international law, treats cruelly the wounded, sick or war prisoners, or impedes or prevents them from exercising the rights accorded to them under international law, shall be punished by imprisonment for a term exceeding six months but not exceeding five years.

Article 151: Destruction of cultural and historical monuments

Whoever in time of war or armed conflict destroys cultural or historical monuments, buildings or establishments devoted to for science, art, education or humanitarian purposes in violation of the rules of international law, shall be punished by imprisonment for not less than one year.

Article 152: Instigating an aggressive war

Whoever calls on or instigates an aggressive war, shall be punished by imprisonment for a term exceeding one year but not exceeding 10 years.

Misuse of international emblems

Article 153.

(1) Whoever misuses or carries without authorization the flag or emblem of the Organization of the United Nations, or the emblem or flag of the Red Cross, or symbols corresponding to them, or any other international symbols recognized for the protection of certain objects from military operations, shall be punished by imprisonment for a term not exceeding three years.

(2) Whoever commits an act referred to in paragraph 1 of this article within a zone of war operations, shall be punished by imprisonment for a term exceeding six months but not exceeding five years.

Article 154: Racial and other discrimination

(1) Whoever on the basis of distinction of race, colour, nationality or ethnic background violates basic human rights and freedoms recognized by the international community, shall be punished by imprisonment for a term exceeding six months but not exceeding five years.

(2) The sentence set forth in paragraph 1 of this article shall be imposed on those who persecute organizations or individuals for their advocating equality among the people.

(3) Whoever spreads ideas on the superiority of one race over another, or advocates racial hatred, or instigates racial discrimination, shall be punished by imprisonment for a term exceeding three months but not exceeding three years.

Article 155: Establishing slavery relations and transporting people in slavery relation

(1) Whoever brings another person in slavery relation, or engages in the trade with persons who are in slavery relation, or who incites another person to sell his freedom or freedom of persons he supports, shall be punished by imprisonment for a term exceeding one year but not exceeding 10 years.

(2) Whoever transports persons in slavery relation from one country to another, shall be punished by imprisonment for a term exceeding six months but not exceeding five years.

Article 156: Imposing the punishment of confiscation of property

The punishment of confiscation of property may be imposed on the offender for criminal acts referred to in articles 141 to 145, and article 148 of this law.

 [End of Chapter 16]

Article 100: Genocide and war crimes as criminal acts not subject to the statute of limitations

 A criminal prosecution and the execution of a sentence are not subject to the statute of limitations for criminal acts referred to in articles 141 to 145 of this law, as well as for other criminal acts which pursuant to international agreements are not subject to the statute of limitations.

Article 134: Inciting national, racial or religious hatred, discord or hostility

(1) Whoever by means of propaganda or in some other way incites or fans national, racial or religious hatred or discord between peoples and nationalities living in the SFRJ, shall be punished by imprisonment for a term exceeding one year but not exceeding 10 years.

(2) Whoever, by insulting citizens or in some other way, incites national, racial or religious hostility, shall be punished by imprisonment for a term exceeding three months but not exceeding three years.

(3) If an act referred to in paragraphs 1 and 2 of this article has been committed systematically or by taking advantage of one's position or office, as part of a group, or if disorder, violence or other grave consequences resulted from these acts, the offender shall for an act referred to in paragraph 1 be punished by imprisonment for not less than one year and for an act referred to in paragraph 2 by imprisonment for a term exceeding six months but not exceeding five years.

Jurisdiction:

[The Yugoslav Criminal Code has jurisdiction over some crimes committed outside of the territory of Yugoslavia, though not for Genocide (Article 141) nor any of the crimes described in Chapter 16 [CRIMINAL ACTS AGAINST HUMANITY AND INTERNATIONAL LAW ].

The crimes for which the code provides for extra-territorial jurisdication are those in Chapter 15, articles 114 to 133, 135 138[ CRIMINAL ACTS AGAINST THE BASES OF THE SOCIALIST SELF-MANAGING SOCIAL SYSTEM AND SECURITY OF SFRJ] and Artile 168 on Counterfeiting money. One article in Chapter 15, Article 134 on inciting national, racial or religious hatred, discord or hostility has been omitted from extraterritorial jurisdiction.]

Article 105: Applicability of Yugoslav criminal law to specific criminal acts committed abroad

Yugoslav criminal law applies to anybody who while abroad commits a criminal act referred to in articles 114 to 133, and 135 to 138 of this law, or article 168 of this law insofar as the falsifying relates to domestic currency.

Article 106. Applicability of Yugoslav criminal law to a SFRJ citizen committing a criminal act abroad

Yugoslav criminal law applies to a citizen of SFRJ when he commits abroad a criminal act other than those referred to in article 105 of this law, provided he is found on the territory of the SFRJ or has been extradited to the SFRJ.

Article 107: Applicability of Yugoslav criminal law to a foreigner committing a criminal act abroad

(1) Yugoslav criminal law applies to a foreigner who has committed a criminal act outside the territory of the SFRJ against the country or its citizen, when the acts in question do not belong to the group of acts referred to in article 105 of this law, provided he is found on the territory of the SFRJ or has been extradited to the SFRJ.

(2) Yugoslav criminal law applies to a foreigner who commits a criminal act abroad against a foreign country or another foreigner, for which this law provides imprisonment for a term of five years or a heavier penalty, provided the perpetrator is found on the territory of the SFRJ and is not extradited to a foreign country. Unless it is stipulated otherwise in this law, in such a case the court may not impose a heavier punishment than the one provided by the law of the country in which the criminal act has been committed.

Link to full text: Criminal Code of Socialist Federal Republic of Yugoslavia   adopted by the SFRJ Assembly at the session of the Federal Council held on September 28, 1976; declared by a decree of the President of the Republic on September 28, 1976; published in the Official Gazette SFRJ No. 44 of October 8, 1976; a correction was made in the Official Gazette SFRJ No. 36 of July 15, 1977; took effect on July 1, 1977.