Chapter 16. Genocide, crimes against humanity and war crimes

Section 103. War crimes against persons

The penalty for a war crime against a person is imprisonment for a term not exceeding 15 years, but for a term not exceeding 30 years in such cases as are mentioned in the first paragraph (a) to (e) or otherwise if the crime is serious. In deciding whether the crime is serious, importance shall be attached to its potential for causing harm and its harmful effects, and to whether it was committed as part of a plan or policy for or or as part of a large-scale commission of such crimes.

Chapter 16. Genocide, crimes against humanity and war crimes

Section 105. War crimes against humanitarian missions or distinctive emblems

The penalty for a war crime against humanitarian missions or distinctive emblems is imprisonment for a term not exceeding 10 years, but for a term not exceeding 30 years in the cases mentioned in (c) and otherwise when the crime is serious, cf. section 103, fourth paragraph, second sentence.

Chapter 16. Genocide, crimes against humanity and war crimes

Section 106. War crimes consisting in the use of prohibited methods of warfare

The penalty for a war crime consisting in the use of prohibited methods of warfare is imprisonment for a term not exceeding 15 years, but for a term not exceeding 30 years when the crime includes the wilful murder of a civilian and any other protected person or otherwise if the crime is serious, cf. section 103, fourth paragraph, second sentence.

Chapter 16. Genocide, crimes against humanity and war crimes

Section 107. War crimes consisting in the use of prohibited means of warfare

The penalty for a war crime consisting in the use of prohibited means of warfare is imprisonment for a term not exceeding 15 years, but for a term not exceeding 30 years when the crime includes the wilful murder of a civilian or any other protected person or otherwise if the crime is serious, cf. section 103, fourth paragraph, second sentence.

Chapter 16. Genocide, crimes against humanity and war crimes

Section 110. Minimum penalty

No penalty imposed under the provisions of this chapter may be below the minimum penalty prescribed in the penal provision which, in the absence of Chapter 16, would have applied to the act of which the perpetrator is convicted.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 78
Determination of the sentence
1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).