Legislation Details
- Full Title: Federal Decree-Law on International Crimes
- Law Type: Federal Decree-Law
- Law Number: (12) of 2017
- Issued Date: 18 Sep 2017
- Effective Date: 29 Sep 2017
- Official Gazette: No. 622
- Sector: Security and Safety
- Status: Active
- Number of Articles: 96
- Chapters/Parts: 7
- Amendments: 0
Summary
This Federal Decree-Law regulates the prosecution of international crimes in the United Arab Emirates. It defines and criminalizes acts of genocide, crimes against humanity, war crimes, and the crime of aggression. The law establishes the jurisdiction of UAE courts over these offenses and specifies penalties ranging from imprisonment to the death penalty. This legislation is significant for businesses and individuals in the UAE, as it demonstrates the country's commitment to combating the most serious violations of international law and human rights. It also provides a legal framework for the UAE to cooperate with international efforts to investigate and prosecute international crimes. (Federal Decree-Law on International Crimes, 2017, Art. 1)
What is the scope and purpose of this law?
The scope of this Federal Decree-Law is to define and criminalize four categories of international crimes: the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. The law grants UAE courts jurisdiction over these offenses, which can be prosecuted regardless of where they were committed or the nationality of the perpetrator or victim. The purpose is to align the UAE's legal framework with its obligations under international law and to enable the country to investigate, prosecute, and punish the most serious violations of human rights and humanitarian law. (Federal Decree-Law on International Crimes, 2017, Art. 1)
What are the key definitions under this law?
The law provides the following key definitions:
- Protected persons: In international armed conflicts, this refers to people protected under the Geneva Conventions of 1949 and Additional Protocol I of 1977. In non-international armed conflicts, it includes those not directly participating in hostilities, such as members of armed forces who have laid down their weapons or are unable to fight due to illness, wounds, detention, or other reasons. (Federal Decree-Law on International Crimes, 2017, Art. 7)
- Attack directed against any civilian population: A course of conduct involving the multiple commission of acts against a civilian population, pursuant to or in furtherance of a state or organizational policy to commit such an attack. (Federal Decree-Law on International Crimes, 2017, Art. 4)
What are the main obligations and requirements?
The law does not impose any direct obligations on individuals or companies. Rather, it establishes the legal framework for the UAE government to investigate, prosecute, and punish the perpetrators of international crimes. The key obligations are: 1. UAE courts have jurisdiction over the international crimes defined in the law, regardless of where they were committed or the nationality of the perpetrator or victim. (Federal Decree-Law on International Crimes, 2017, Art. 1) 2. Specific acts constituting genocide, crimes against humanity, war crimes, and the crime of aggression are criminalized, with penalties ranging from imprisonment to the death penalty. (Federal Decree-Law on International Crimes, 2017, Arts. 2-29) 3. The law empowers UAE authorities to take measures to deport individuals convicted of these international crimes. (Federal Decree-Law on International Crimes, 2017, Art. 30)
What are the penalties for non-compliance?
The law prescribes the following penalties for committing the international crimes it defines: - For genocide and certain crimes against humanity: death penalty or life imprisonment (Federal Decree-Law on International Crimes, 2017, Arts. 2, 5) - For other crimes against humanity: life or temporary imprisonment (Federal Decree-Law on International Crimes, 2017, Art. 6) - For war crimes related to prohibited methods and means of fighting: death penalty, life imprisonment, or temporary imprisonment (Federal Decree-Law on International Crimes, 2017, Arts. 9-13) - For war crimes against individuals: death penalty, life imprisonment, or temporary imprisonment (Federal Decree-Law on International Crimes, 2017, Arts. 14-24) - For the crime of aggression: penalties to be determined by the court (Federal Decree-Law on International Crimes, 2017, Art. 29)
When did this law come into effect?
The Federal Decree-Law on International Crimes was issued on 18 September 2017 and came into effect on 29 September 2017, the date of its publication in the Official Gazette No. 622. (Federal Decree-Law on International Crimes, 2017)
Source Documents
This article analyses Federal Decree-Law on International Crimes for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.