Book Two : Specific Provisions

Title Twelveter : War Crimes

Art. 264c

1 The penalty is a custodial sentence of not less than five years for any person who commits a serious violation of the Geneva Conventions of 12 August 1949 in connection with an international armed conflict by carrying out any of the following acts against persons or property protected under the Conventions :

a. intentional homicide ;
b. hostage taking ;
c. causing severe pain or suffering or serious injury, whether physical or mental, in particular by torture, inhuman treatment or biological experiments ;
d. extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly ;
e. compelling a person to serve in the forces of a hostile power ;
f. unlawful deportation or transfer or unlawful confinement ;
g. denying the right to a fair and regular trial before the imposition or execution of a severe penalty.

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.