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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PRIVATE PART

SECTION FOURTEEN. CRIMES AGAINST HUMANITY

CHAPTER XLVII. CRIME AGAINST HUMANITY, PEACE, SECURITY AND INTERNATIONAL HUMANITARIAN
LAW

Article 411. Deliberate Violation of the Norms of International Humanitarian Law amid Armed Conflict Deliberate violation of the norms of International Humanitarian Law amid any inter-state or internal armed conflict, namely;
a) Attack on civilian population or civilians;
b) indiscriminate attack on civilian population or civil objects when it is known that doing so will invite casualties in the civilian population or will inflict damage to civil objects;
c) attack on the objects or installations of increased danger when it is known that doing so will invite casualties in the civilian population or will inflict damage to civil objects;
d) attack on any unprotected area or demilitarized zone;
e) attach on a person when it is known that this person has discontinued participation in the hostilities;
f) malicious exploitation of the Red Cross or Red Crescent or any other protective sign or signal recognized under the International Humanitarian Law;
g) bringing, by an aggressor state, of its civilian population, into the occupied territory or deportation or any illegal expulsion, within or outside this territory, of the civilian population or civilians of the occupied state;
h) unfounded hindrance to the repatriation of prisoners of war or civilians;
I) apartheid or any other inhumane action based on racial discrimination that is offensive to human dignity; j) attack on any historic monument, piece of art a cult place as on the part of the cultural heritage of peoples - shall be punishable by imprisonment extending from ten to fifteen years in length.
2. Deliberate violation of the International Humanitarian Law amid any international or internal armed conflict, directed against the persons not participating in the hostilities or not having any means of defence as well as the wounded, ill, medical or spiritual personnel, sanitary units, sanitary vehicles, war prisoners, civilians or the foregoing violation, within the occupied territory or the zone of hostilities, directed against the civilian population, the persecuted, appertained within the zone of the hostilities, or other persons enjoying protection amid hostilities, namely:
a) premeditated murder;
b) torture or any other inhumane treatment, including a medical experiment:
c) deliberately inflicting great suffering or serious trauma that poses a threat to a person’s physical or mental condition;
d) coercion of a war prisoner or any other person enjoying protection to serve in the enemy’s armed forces;
e) depriving a war prisoner or any other person enjoying protection of the right to a fair trial;
f) deportation or any other illegal expulsion or arrest of a person enjoying protection;
g) hostage-taking:
h) arbitrary and large-scale distribution or misappropriation of property not due to any military necessity - shall be punishable by imprisonment extending from fifteen to twenty years in length or by life imprisonment.

Article 412. Intentional Violation of the Norms of International Humanitarian Law amid Armed Conflict amid Inter-State and Internal Conflict by Endangering Life or by Mutilation
Exposing a person enjoying protection of the government of the hostile side or the one otherwise deprived of freedom through any medical procedure which are not necessitated by such person’s health condition and which do not conform with internationally recognized medical norms irrespective of such person’s consent, namely:
a) the action giving rise to mutilation;
b) conducting a medical or scientific experiment;
c) removal of the member, part of the member or tissue from a human body in order to carry out a transplantation operation - shall be punishable by imprisonment extending from seven to twelve years in length.

Article 413. Violation of Other Norms of International Humanitarian Law
The action, which bears no signs of the offenses, referred to in Article 411-e or 412-e, namely:
a) marauding, i.e. seizing the objects of a killed or wounded person in times of hostilities as well as the property of civilians abandoned in the zone of hostilities;
b) exploitation of civilians for the protection of the army or objects from military operations;
c) application, in the military operation or armed conflict, of the means, material or weapons of mass destruction banned under international treaties;
d) any other war crime which are provided by the International Criminal Court Statute and which are not punishable under Articles 411-e or 412-e of this Code - shall be punishable by prison sentences ranging from ten to twenty years in length.