'Murder - NIAC' 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 157a

(1) Whoever violates the rules of international law in time of war, armed conflict or occupation and orders an attack against the civilian population, settlements, individual civilians or those hors de combat resulting in death, severe bodily harm or serious damage to people's health, orders an indiscriminate attack harming the civilian population, orders the killing, torturing or inhuman treatment of civilians, orders civilians to be subjected to biological, medical or 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 their resettlement, displacement or forceful loss of ethnic identity or conversion to another religion, orders rape, sexual oppression, forced prostitution, pregnancy or sterilization or other sexual abuse, orders measures of intimidation or terror, hostage taking, collective punishment, unlawful deportations to concentration camps or illegal detention, deprives people of the rights to a just and unbiased trial, forces them to serve in hostile armed forces or in the information services or administration of a hostile power, subjects them to forced labor, starvation, confiscates property or orders that the population’s property be plundered or illegally and wantonly destroyed or its large-scale appropriation where there is no justification by military needs, or imposes illegal and disproportionately large contributions and requisitions, or decreases the value of the domestic currency or unlawfully issues it, or orders an attack against persons, equipment, materials, units or vehicles involved in humanitarian aid or a peace mission pursuant to the Charter of the United Nations, or orders that the rights and actions of the citizens of a hostile country be prohibited, suspended or pronounced unlawful in court proceedings, or injures personal dignity or orders civilians and other protected persons to be used to shield certain places, areas or military forces from military operations, or orders the recruitment of children under fifteen years of age for the national armed forces or their active participation in hostilities, 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 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 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:
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture