Chapter 11 – War crimes and crimes against humanity

Section 5 - War crime

(1) A person who in connection with a war or other international or domestic armed conflict or occupation in violation of the Geneva conventions on the amelioration of the condition of the wounded and sick in armed forces in the field, the amelioration of the condition of wounded, sick and shipwrecked members of armed forces at sea, the treatment of prisoners of war or the protection of civilian persons in time of war (Treaties of Finland 8/1955, Geneva conventions) or the additional amendment protocols done in 1949 to the Geneva Conventions, on the protection of victims of international armed conflicts and the protection of victims of non-international armed conflicts (Treaties of Finland 82/1980, I and II protocols) or other rules and customs of international law on war, armed conflict of occupation,

(1) kills another or wounds or tortures him or her or in violation of his or her interests maims him or her or subjects him or her to a biological, medical or scientific experiment or in another manner causes him or her considerable suffering or a serious injury or seriously harms his or her health,
(2) rapes another, subjects him or her to sexual slavery, forces him or her into prostitution, pregnancy or sterilization or commits other corresponding aggravated sexual violence against him or her,
(3) destroys, confiscates or steals property arbitrarily and without military need,
(4) in connection with an assault or otherwise plunders a town or another corresponding place,
(5) takes or recruits children below the age of 18 years into military forces or into groups in which they are used in hostilities,
(6) forces a prisoner of war or another protected person to serve in the military forces of the enemy or participate in military action against their own country,
(7) denies a prisoner of war or another protected person the rights to a fair and lawful trial or in another manner denies him or her legal guarantees,
(8) initiates an attack that causes the loss of human life or injuries or extensive, long-term and serious environmental damage that are clearly excessive in comparison with the anticipated real and direct military benefit,
(9) attacks civilian populations, civilians not taking part in hostilities or civilian targets or persons engaged in tasks referred to in the Charter of the United Nations (Treaties of Finland 1/1956) or property used by them,
(10) attacks undefended civilian targets or bombs them, attacks places used for religious worship, science, art, medical treatment or charity or historical monuments or attacks persons who are using the symbols referred to in the Geneva conventions or the I or III protocol to the Geneva conventions,
(11) misuses a white flag, the flag of the enemy, the flag of the United Nations, military insignia, a military uniform or the symbols referred to in the Geneva conventions or the I or III protocol to the Geneva conventions,
(12) holds in unlawful detention or forcibly transfers or deports population or parts thereof,
(13) takes persons as hostages, announces that no mercy shall be given, uses civilians or other protected persons in order to protect military targets, prevents civilians from receiving foodstuffs or other supplies necessary for survival or emergency assistance or uses other means of warfare prohibited in international law, or
(14) uses poison or a poison weapon, suffocating or poisonous gases or other corresponding substances, weapons, ammunition or materiel that cause excessive injuries or unnecessary suffering, or chemical, biological or other prohibited weapons or ordnance,

shall be sentenced for a war crime to imprisonment for at least one year or for life.

(2) Also a person who commits another act defined under article 8 of the Rome Statute of the International Criminal Court (Treaties of Finland 56/2002) or in another manner violates the provisions of an international agreement on war, armed conflict or occupation that is binding on Finland or the generally recognized and established laws and customs of war in accordance with international law shall be sentenced for a war crime.

(3) An attempt is punishable.

Section 6 - Aggravated war crime

(1) If the war crime is committed as part of a plan or policy or as part of extensive war crimes and

(1) the offence is directed against a large group of persons,
(2) the offence causes very serious and extensive damage,
(3) the offence is committed in an especially brutal, cruel or degrading manner, or
(4) the offence is committed in an especially planned or systematic manner,
and the offence is aggravated also when assessed as a whole, the offender shall be sentenced for an aggravated war crime to imprisonment for at least eight years or for life.

(2) An attempt is punishable.

Section 7 - Petty war crime

(1) If the war crime, considering the consequence caused or the other relevant circumstances, is petty when assessed as a whole, the offender shall be sentenced for a petty war crime to a fine or to imprisonment for at most two years.

(2) An attempt is punishable.

Section 7(a) – Violation of the ban on anti-personnel mines (1466/2011)

A person who, in violation of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (Agreements of Finland /20)

(1) uses anti-personnel mines other than in the manner referred to in sections 5 through 7, or
(2) develops, produces, otherwise obtains, stockpiles, possesses, transfers or exports or imports anti-personnel mines

shall be sentenced for violation of the ban on anti-personnel mines to imprisonment for at least four months and at most six years.

Section 8 - Breach of the prohibition of chemical weapons

A person, who in breach of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Treaties of Finland 19/1979)

(1) uses chemical weapons in a manner not referred to in sections 5 - 7 of this chapter,
(2) develops, produces, otherwise procures, stockpiles, possesses or transports chemical weapons, or
(3) participates in military preparations for the use of chemical weapons,

shall be sentenced for breach of the prohibition of chemical weapons to imprisonment for at least four months and at most six years.

Section 9 – Breach of the prohibition of biological weapons

A person who

(1) uses a biological or a toxin weapon in a manner not referred to in sections 1 through 3 of this chapter,
(2) unlawfully prepares, transports or delivers a biological weapon or a toxin weapon, or
(3) in violation of an international convention on the development, production and storage of bacteriological (biological) and toxin weapons and on their destruction (Treaties of Finland 15/1975) develops, prepares, otherwise procures, stores or possesses a biological weapon or a toxin weapon or weapons, devices or equipment for the dissemination of a biological weapon or a toxin weapon,

shall be sentenced, unless the same or a more severe penalty for the act has been provided elsewhere in the law, for a breach of the prohibition of biological weapons to imprisonment for at least four months and at most six years.