'Wilful killing - IAC' in document 'Croatia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 159

Article 159

Whoever, in violation of the rules of international law, in time of war or armed conflict, orders the killing, torturing or inhuman treatment of the wounded, sick, shipwrecked persons or of medical or religious personnel, orders that they be subjected to biological and other scientific experiments, their tissues or organs taken for transplantation, orders civilians to be subjected to great suffering, impairing the integrity of their bodies or health or orders an illegal and wanton, large-scale destruction or appropriation of materials, medical vehicles or supplies of medical institutions or units when there is no justification by military needs or whoever commits any of the foregoing acts shall be punished by imprisonment for not less than five years or by long-term imprisonment.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 160

Whoever, in violation of the rules of international law, orders the killing, torturing or inhuman treatment of prisoners of war and their subjection to biological, medical or other scientific experiments, their tissues or organs taken for transplantation, orders prisoners of war to be subjected to great suffering, impairing the integrity of their bodies and health, or whoever compels prisoners of war to serve in hostile armed forces or deprives them of their right to a fair and unbiased trial, or whoever commits any of the foregoing acts shall be punished by imprisonment for not less than five years or by long-term imprisonment.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 160

Whoever, in violation of the rules of international law, orders the killing, torturing or inhuman treatment of prisoners of war and their subjection to biological, medical or other scientific experiments, their tissues or organs taken for transplantation, orders prisoners of war to be subjected to great suffering, impairing the integrity of their bodies and health, or whoever compels prisoners of war to serve in hostile armed forces or deprives them of their right to a fair and unbiased trial, or whoever commits any of the foregoing acts shall be punished by imprisonment for not less than five years or by long-term imprisonment.

Article 161

(1) Whoever, in violation of the rules of international law, in time of war or armed conflict, kills or wounds an enemy who has laid down arms, or has surrendered at discretion, or has no longer any means of defense, shall be punished by imprisonment for not less than three years.

(2) If the killing referred to in paragraph 1 of this Article is committed in a particularly cruel or treacherous way, from greed or other base motives, or if several persons are killed, the perpetrator shall be punished by imprisonment for not less than ten years or by long-term imprisonment.

(3) Whoever, in violation of the rules of international law, in time of war or armed conflict, orders that in a battle there shall be no surviving members of the enemy or who engages in a battle against the enemy with the same objective shall be punished by imprisonment for not less than five years or by long-term imprisonment.

RELEVANT ROME STATUTE PROVISIONS

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;