No. 31 | |||||||
THE CRIME OF GENOCIDE (PREVENTION AND PUNISHMENT) LAW, 5710-1950* |
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"Genocide" - inter- pretation. |
1.
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Penalty for genocide. |
2. A person guilty of genocide shall be punishable with death; provided that if he committed the act constituting the offence under circumstances which, but for section 6, would exempt him from criminal responsibility or would be a reason for pardoning the offence, and he tried to the best of his ability to mitigate the consequences of the act, he shall be liable to imprisonment for a term of not less than ten years. | ||||||
Conspiracy, incitement and attempt to commit, and complicity in, genocide. |
3.
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Responsibility for genocide. |
4. A person guilty of an offence under this Law shall be punished whether he is a legally responsible ruler, a member of a legislative body, a public official or a private individual. | ||||||
Place of crime. |
5. A person who has committed outside Israel an act which is an offence under this Law may be prosecuted and punished in Israel as if he had committed the act in Israel. | ||||||
Judicial function, constraint, necessity and justification not to be protection. |
6. The provisions of sections 16, 17, 18 and 19 of the Criminal Code Ordinance, 1936, shall not apply to offences under this Law. | ||||||
Application. of General Penal Code. |
7. The Provisions of Part I of the Criminal Code Ordinance, 1936, shall apply to offences under this Law insofar as this Law does not otherwise provide. | ||||||
Extradition. | 8. Notwithstanding anything contained in any other Law, in considering the extradition of a person charged with, or convicted of, genocide or any of the acts enumerated in section 3(a), the plea that the offence with which such person is charged, or of which he has been convicted, is an offence of a political character shall not be entertained. | ||||||
Implementa- tion. |
9. The Minister of Justice is charged with the implementation of this Law. | ||||||
Operation. | 10. This Law, which is consequent upon the Convention on the Prevention and Punishment of the Crime of Genocide(2) - adopted by the United Nations General Assembly on the 7th Kislev, 5709 (9th December, 1948), signed on behalf of and, in accordance with a decision of the Knesset, ratified by the State of Israel - shall come into force on the date of its publication in Reshumot and shall remain in force whether or not the Convention comes into or remains in force. | ||||||
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* Passed by the Knesset on the 11th Nisan, 5709 (29th March, 1950), and
published in Sefer Ha-Chukkim No. 42 of the 20th Nisan, 5710 (7th
April, 1950), p. 137; the Bill and an Explanatory Note were published in
Hatza'ot Chok No. 27 of the 23rd Kislev, 5710 (14th December, 1949),
p. 37.
(1) P.G. No. 652 of the 14th December, 1936, Suppl. I, p. 285 (English Edition). (2) Kitvei Amana No. 5 of the 15th Kislev, 5710 (6th December, 1949), p.66. |
NOTE: Typo found in original and included in this web-based copy:
Article 7 title has extra period after first word.
Return: to the TOP of this Law.
SOURCE: "Laws of the State of Israel: Authorized Translation from the Hebrew, Volume 4". Government Printer, Jerusalem, Israel (1948-1987), pp. 101-2.
(C) Israel Law Resource Center, February, 2007.