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.

3 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.

4 In less serious cases under paragraph 1 letters c–g, a custodial sentence of not less than one year may be imposed.

Art. 264d

1 The penalty is a custodial sentence of not less than three years for any person who in connection with an armed conflict directs an attack :

a. against the civilian population as such or against individual civilians not taking direct part in hostilities ;
b. against personnel, installations, material or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations of 26 June 1945, as long as they are entitled to the protection of international humanitarian law ;
c. against civilian objects, undefended settlements or buildings or demilitarised zones that are not military objectives ;
d. against medical units, material or vehicles using a distinctive emblem under international humanitarian law or whose protected character is recognisable even without a distinctive emblem, hospitals and places where the sick and wounded are collected ;
e. against cultural property or persons entrusted with its protection or vehicles for its transport, against buildings dedicated to religion, education, art, science or charitable purposes, provided they are protected by international humanitarian law.

2 In especially serious cases of attacks on persons, a custodial sentence of life may be imposed.

3 In less serious cases, a custodial sentence of not less than one year may be imposed.

Art. 264e

1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict :

a. causes severe pain or suffering or serious injury or danger, whether physical or mental, to a person protected by international humanitarian law by subjecting that person to a medical procedure that is not justified by the state of his or her health and which does comply with generally recognised medical principles ;
b. rapes a person of the female gender protected by international humanitarian law or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population, forces a person to tolerate a sexual act of comparable severity or forces a person protected by international humanitarian law into prostitution or to be sterilised ;
c. subjects a person protected by international humanitarian law to especially humiliating and degrading treatment.

2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.

3 In less serious cases, a custodial sentence of not less than one year may be imposed.

Art. 264f

1 The penalty is a custodial sentence of not less than three years for any person who enlists a child under the age of fifteen into armed forces or groups or recruiting them for this purpose or using them to participate in armed conflicts.

2 In especially serious cases, and in particular where the offence affects a number of children or the offender acts in a cruel manner, a custodial sentence of life may be imposed.

3 In less serious cases, a custodial sentence of not less than one year may be imposed.

Art. 264g

1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict :

a. launches an attack although he knows or must assume that such an attack will cause loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated ;
b. uses a person protected by international humanitarian law as a human shield in order to influence military operations ;
c. as a method of warfare, pillages or otherwise unlawfully appropriates property or destroys or seizes enemy property in a way not imperatively demanded by the necessities of war, deprives civilians of objects indispensable to their survival or impedes relief supplies ;
d. kills or wounds an enemy combatant treacherously or after he or she has laid down his or her arms or no longer has a means of defence ;
e. mutilates a dead enemy combatant ;
f. as the commander orders that no quarter be given or threatens the enemy that no quarter will be given ;
g. makes improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, or the distinctive emblems under international humanitarian law ;
h. as a member of an occupying power, transfers parts of its own civilian population into the territory it is occupying or deports all or parts of the population of the occupied territory within or outside that territory.

2 In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.

3 In less serious cases, a custodial sentence of not less than one year may be imposed.

Art. 264h

1 The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict :

a. employs poison or poisoned weapons ;
b. employs biological or chemical weapons, including poisonous or asphyxiating gases, substances and liquids ;
c. employs bullets which expand or flatten easily or explode in the human body ;
d. employs weapons primarily designed to cause injury through splinters that cannot be detected by x-ray equipment ;
e. employs laser weapons primarily designed to cause permanent blindness.

2 In especially serious cases, a custodial sentence of life may be imposed.

Art. 264i

The penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who :

a. continues military operations after receiving official notification of an agreement on a ceasefire or a peace agreement, or violates the conditions of the ceasefire in some other way ;
b. abuses, insults or without reason obstructs an opposing peace negotiator or any of his party ;
c. without justification delays the repatriation of prisoners of war after conclusion of military operations.

Art. 264j

The penalty is a custodial sentence not exceeding three years or a monetary penalty for any person who in connection with an armed conflict violates a provision of international humanitarian law other than those mentioned in Articles 264c–264i, where such a violation is declared to be an offence under customary international law or an international treaty recognised as binding by Switzerland.