'National penalties - war crimes' in document 'Armenia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 387. Application of prohibited methods of war.

1. Application of methods prohibited by international agreements in military actions or armed conflicts, is punished with imprisonment for the term of up to 15 years.

2. Application or testing of mass destruction weapons prohibited in international agreements is punished with imprisonment from 10 to 15 years, or to life.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

1.3) willfully inflicted serious sufferance or other actions threatening man’s physical or mental state, is punished with imprisonment for 8-15 years, or for life.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

2.6) illegal, willful destruction or realization of property not caused by military necessity, is punished with imprisonment for 5-12 years.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

3.5) assault on a person who, obviously for the perpetrator, ceased immediate participation in military actions, is punished with imprisonment for 10-15 years, of for life.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

4. 4) targeting specially protected, clearly marked, cultural, spiritual and historical monuments, works of art, ceremonial places, and inflicting large damage to the latter as a result of assault, if these facilities are not in near proximity from military objectives and if there is no information attesting to the use of these historical monuments, works of art, ceremonial places by the enemy for military purposes, is punished with imprisonment for 8-12 years

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

5. During armed conflicts, medical intervention not necessitated by the health condition of the persons under jurisdiction of the enemy, arrested or otherwise detained, and detrimental for the physical or mental condition of the latter violating universally recognized medical norms, particularly, even with consent of these persons, inflicting physical injuries to people, subjecting them to medical or scientific experiments, harvesting parts of body or tissues for transplantation,
is punished with imprisonment for 8-12 years.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

6. Other violations of the norms of international humanitarian law, agreements envisaged by international agreements during armed conflicts:
is punished with imprisonment for up to 5 years.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 391. Inaction or making an illegal command during armed conflict.

1. During armed conflict, failure to take all possible measures by the commander or official, within the authority of the latter, to prevent crimes under Articles 387, 390 by the subordinates, if the commander knew or had information, which in the given situation should have helped him to conclude that the subordinate is committing or tends to commit an offence, and if within his authority, he did not take all possible measures to prohibit or to prevent this violation,
is punished with imprisonment for 5-10 years.

2. The same action which was committed recklessly, is punished with imprisonment for 2-5 years.

3. During armed conflict, an order by the commander or official to the subordinate not spare anybody’s life or other obviously criminal order, aimed at the committal of crimes envisaged in Articles 387, 390, is punished with imprisonment for 5-15 years.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 392. Crimes against human security.

Deportation, illegal arrest, enslavement, mass and regular execution without trial, kidnapping followed by disappearance, torture or cruel treatment of civilians, due to racial, national, ethnic identity, political views and religion, is punished with imprisonment for 7-15 years or for life.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 397. Illegal use of identification signs protected by international treaties.

During military actions, the use of the symbols and insignia of the Red Cross or Red Crescent protected by international treaties, the signs envisaged for marking cultural values or other protective signs, or the flag or national identification symbols of the enemy or a neutral state, or the flags of international organizations, in breach of international treaties and international law, is punished with correctional labor for 1-2 years or imprisonment for up to 3 years.