Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
Criminal Code of Kosovo - Legislationline
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Article 159<br />
Endangering negotiators<br />
Whoever, in violation <strong>of</strong> international law, in a time <strong>of</strong> war or armed conflict, insults,<br />
mistreats or restrains a negotiator or his or her escort, prevents their return, or in some<br />
other way violates their inviolability shall be punished by imprisonment <strong>of</strong> six (6) months<br />
to five (5).<br />
Article 160<br />
Organization <strong>of</strong> groups to commit genocide, crimes against humanity and war<br />
crimes<br />
1. Whoever organizes a group for the purpose <strong>of</strong> committing any <strong>of</strong> the criminal <strong>of</strong>fenses<br />
provided for in Articles 148-156 <strong>of</strong> this <strong>Code</strong> shall be punished by imprisonment <strong>of</strong> one<br />
(1) to ten (10) years.<br />
2. Whoever becomes a member <strong>of</strong> a group provided for in paragraph 1. <strong>of</strong> this Article<br />
shall be punished by imprisonment <strong>of</strong> one (1) to five (5) years.<br />
3. A member <strong>of</strong> a group provided for in paragraph 1 <strong>of</strong> this Article who reports the group<br />
before he or she has committed a criminal <strong>of</strong>fense shall be punished by imprisonment <strong>of</strong><br />
up to three (3) years, or the punishment may be waived.<br />
Article 161<br />
Responsibility <strong>of</strong> commanders and other leaders<br />
1. A military commander or person effectively acting as a military commander shall be<br />
criminally liable for the criminal <strong>of</strong>fenses referred to in Articles 148-156 <strong>of</strong> this <strong>Code</strong><br />
committed by forces under his or her effective command and control, or effective<br />
authority and control, as a result <strong>of</strong> his or her failure to exercise control properly over<br />
such forces, where:<br />
1.1. that military commander or person either knew or, owing to the<br />
circumstances at the time, should have known that the forces were committing or<br />
about to commit such criminal <strong>of</strong>fenses; and<br />
1.2. that military commander or person failed to take all necessary and reasonable<br />
measures within his or her power to prevent or repress their commission or to<br />
submit the matter to the competent authorities for investigation and prosecution.<br />
2. With respect to superior and subordinate relationships not described in paragraph 1 <strong>of</strong><br />
this Article, a superior shall be criminally liable for the criminal <strong>of</strong>fenses referred to in<br />
Articles 148-159 <strong>of</strong> this <strong>Code</strong> committed by subordinates under his or her effective<br />
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