A/HRC/10/25 page 7 2. If a clearly distinguishable object, which has been under special protection of the international law as people’s cultural and spiritual heritage, has been destroyed by the criminal offence referred to in paragraph 1 of the present Code, the perpetrator shall be punishable by imprisonment for a term not less than 5 years. Entity Criminal Codes also contain provisions punishing racial discrimination. 19. The Criminal Code of the Federation of Bosnia and Herzegovina also stipulates a criminal act of genocide (art. 153). According to article 157 (on organizing a group and instigating the commission of genocide and war crimes): 1. Whoever organizes a group of people for the purpose of perpetrating a criminal offence referred to in articles 153 (Criminal acts of genocide) to 156 (War crimes against prisoners of war) of the present Code shall be punishable by imprisonment for a term not less than 5 years; 2. Whoever becomes a member of a group referred to under paragraph 1 of the present article shall be punishable by imprisonment for a term not less than 1 year; 3. Any member of a group referred to in paragraph 1 of the present article who discloses the group before he has perpetrated a criminal act in its ranks or on its account shall be punishable by a term of imprisonment not exceeding 3 years, but may also be released from punishment; 4. Whoever calls on or instigates the perpetration of a criminal act referred to in articles 153 to 156 of the present Code shall be punishable by imprisonment for a term between 1 year and 10 years. The Criminal Code of the Republic Srpska also stipulates acts of genocide and prescribed punishment. 20. The European Convention on Human Rights and Fundamental Freedoms is directly applied in the legal system of Bosnia and Herzegovina through its Constitution, listing by name the human rights and fundamental freedoms protected by the Convention. Since it has been incorporated into the Constitution, all State and Entity laws and other regulations have to be harmonized with it, contributing in this way to the development of democratic institutions and civil society. C. Finland 21. The Government of Finland stated that, by adopting the Genocide Convention of 1948, States undertook to prevent the crime of genocide and to punish for it. Despite this pledge, the international community has often been unable to prevent atrocities. Until recently, the culture of impunity has also prevailed for the most serious crimes of international concern. The establishment of the two United Nations ad hoc tribunals for the former Yugoslavia and for Rwanda in the early 1990s and the sentences passed by these tribunals also for genocide represent landmarks in the fight against impunity. In addition to the ad hoc tribunals, the crime of genocide falls within the jurisdiction of the International Criminal Court, which is about to embark upon its judicial activities.