'Employing weapons, projectiles and materials and methods of warfare which cause superfluous injury or unnecessary suffering - IAC' in document 'Serbia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Employment of Prohibited Means of Warfare
Article 376

(1) Whoever during time of war or armed conflict orders employment of means or methods of warfare that are banned under rules of international law or who uses such means or methods, shall be punished by imprisonment of two to ten years.

(2) If the offence specified in paragraph 1 of this Article results in killing of a number of persons, the offender shall be punished by minimum five years imprisonment or thirty to forty years' imprisonment.

(3) Whoever calls for employment or prepares the use of weapons specified in paragraph 1 of this Article,
shall be punished by imprisonment of six months to five years.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123