'Other serious violations of the laws and customs - NIAC' in document 'Tajikistan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION XV. CRIME AGAINST THE PEACE AND SAFETY OF MANKIND

CHAPTER 34 Crime Against the Peace and Safety of Mankind

Article 403. Intentional Violations of Norms of International Humanitarian Law Committed in the Course of Armed Conflicts

(1) Intentional violation of norms of International Humanitarian Law committed in the course of international or internal armed conflicts, i.e. assaults on population or certain citizens, assaults on installations or erections containing dangerous forces, assaults on a person who has ceased to participate in hostilities, assaults on areas which are not defended and demilitarized zones, destruction and damage of historical monuments, works of arts, treacherous use of Red Cross and Red Crescent signs, and other signs and signals recognized in accordance with International Humanitarian Law, dislocation of the population by occupiers to the territory which has been occupied by them, deportation or dislocation the whole or a part of the population of the occupied territory within this territory or out of the territory, unjustified delay with repatriation of prisoners of war or civil persons, using practice of apartheid and other humiliating actions insulting a person’s dignity, based on racial discrimination and causing a person’s death or serious injury to his/her physical and mental state, or causing serious damage, is punishable by imprisonment for a period of 10 to 15 years.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(v) Pillaging a town or place, even when taken by assault;
(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;
(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
(ix) Killing or wounding treacherously a combatant adversary;
(x) Declaring that no quarter will be given;
(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict