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.

(2) Intentional violation of norms of International Humanitarian Law committed in the course of international or internal armed conflicts, aimed against persons who do not participate in battle operations, as well as against wounded men, sick men, medical and ecclesiastical staff, medical units or medical transport means, against prisoners of war, citizens, civil population being on occupied territories or in zones of battle operations, against refugees and stateless persons, resulting in :

a) murder ;
b) tortures and inhuman treatment, including biological experiments made upon persons ;
c) grave sufferings or actions threatening physical or mental state ;
d) forcing a prisoner of war or a person under protection to service in armed forces of the enemy ;
e) depriving a prisoner of war or a person under protection the rights to impartial and fair legal proceedings ;
f) deportation, illegal exile or detention of persons under protection ;
g) taking hostages ;
h) arbitrary destruction of property made on a large scale and misappropriation of property,- is punishable by imprisonment for a period of 15 to 20 years or death penalty.

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;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.