PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 270.- War Crimes against the Civilian Population.

Whoever, in time of war, armed conflict or occupation organizes, orders or engages in, against the civilian population and in violation of the rules of pubic international law and of international humanitarian conventions :

(a) killings, torture or inhuman treatment, biological experiments, or arty other involving dire suffering or bodily harm, or to mental or physical health; or

(b) wilful reduction to starvation, destitution or general ruination through the depreciation counterfeiting or systematic debasement of currency ; or

(c) the compulsory movement or dispersion of population, its systematic deportation, transfer
detention in concentration camps or forced labour camps ; or

(d) forcible enlistment in the enemy's defence forces, intelligence services or administration ; or

(e) denationalization or forcible religious conversion; or

(f) compulsion to acts of prostitution, debauchery or rape ; or

(g) measures of intimidation or terror, the taking of hostages or the imposition of collective punishments or reprisals ; or

(h) the confiscation of estates, the destruction or appropriation of property, the imposition of unlawful or arbitrary taxes or levies, or of taxes or levies disproportionate to the requirements or strict military necessity; or

(i) the confiscation, destruction, removal, rendering useless or appropriation of property such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, health centres, schools ; or

(j) the destruction, removal, attack, rendering useless or appropriation of the historical monuments, works of art, or places of worship or using them in support of military effort ; or

(k) withholding the provision of clothing, bedding, means of shelter, medical supplies and other supplies essential to the survival of the civilian population of the occupied territory; or

(l) attacking, displacing, causing to disappear or mistreating persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant international instruments, or under the national legislation of the State of refuge or State of residence; or

(m) recruiting children who have not attained the age of eighteen years as members of defence forces to take part in armed conflict ; or

(n) using any means or method of combat against the natural environment to cause widespread, long term and severe damage and thereby to prejudice the health or survival of the population; or

(o) attacking dams, dykes, and nuclear electrical generating stations, if their attack causes the release of dangerous forces and consequent severe losses among the civilian population ; or

(p) passing of sentences and carrying out of executions without previous judgment pronounced by a regularly constituted Court which affords ail the judicial guarantees ,

is punishable with rigorous imprisonment from five years to twenty- five years, or, in more serious cases, with life imprisonment or death .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 271.- War Crimes against Wounded, Sick Shipwrecked Persons or Medical Services.

(1) Whoever, in the circumstances defined at organizes, orders or engages in:
(a) killings, torture, withholding medical care attention required by their condition or inhuman treatment or other acts entailing direct suffering or physical or mental injury to wounded, sick or shipwrecked persons, or to members of the medical or first aid service ; or
(b) the destruction, rendering unserviceable appropriation of supplies, installations, transport materials or stores belonging to the medical or first aid services, in a manner which is unlawful arbitrary or disproportionate to the requirements of strict military necessity ; or
(c) compelling persons engaged in medical, religious and journalistic activities to perform acts or to carry out work contrary to or to refrain from acts required by their respective professional rules and ethics or other rules designed for the benefit of the wounded, sick or civilian population,
is punishable in accordance with Article 270 .

(2) For the purpose of sub-article (1):
(a) "wounded" and "sick" means persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, newly born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility. waters or in the air as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 272.- War Crimes against Prisoners and Interned Persons.

Whoever, in the circumstances defined above:
(a) organizes, orders or engages in killings, acts of torture or inhuman treatment or acts entailing dire suffering or injury to prisoners of war or interned persons ; or

(b) compels such persons to enlist in the enemy's defence forces or intelligence or administrative services , is punishable in accordance with Article 270 .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 275.- Dereliction of Duty Towards the Enemy

Whoever, in time of war and contrary to public international law and humanitarian conventions:
(a) kills or wounds an enemy who has surrendered or laid down his arms, or who for any other reason is incapable of defending, or has ceased to defend, himself; or
(b) mutilates a dead person; or
(c) lays hands on or does violence to a wounded, sick or dead enemy on the field of battle, with intent to rob or plunder him; or
(d) orders one of the above acts ,
is punishable with rigorous imprisonment, or, in cases of exceptional gravity, with life imprisonment or death .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 276.- Use of Illegal Means of Combat.

Whoever uses, or orders to be used, against the enemy any means or method of combat expressly forbidden by Ethiopian law or international conventions to which Ethiopia is a party,
is punishable with simple imprisonment for not less than three months; or, if the crime is grave, with rigorous imprisonment from five years to twenty-five years; or, in the gravest cases, with life imprisonment or death .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 279.- Maltreatment of, or Dereliction of Duty towards. Wounded, Sick or Prisoners.

Whoever, in violation of the rules of pubic international law, maltreats a sick or wounded person, or a prisoner of war or war internee, or uses violence against him, or prevents him from exercising or makes it impossible for him to exercise, the right guaranteed to him by such rules, or issues orders to the same effect, is punishable with rigorous imprisonment nor exceeding five years .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER I

FUNDAMENTAL CRIMES

Article 280.- Denial of Justice.

Whoever, in time of war or occupation and in violation of the rules of public international law, deprives a civilian, a wounded person, a prisoner or an internee, of his right to be tried according to law guaranteeing him human treatment and the free exercise of his right to defend himself, or orders such deprival, is punishable with simple imprisonment from three years to five years .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER II

CRIMES AGAINST HUMANITARIAN ORGANIZATIONS

Article 281.- Hostile Acts against International Humanitarian Organizations.

(1) Whoever intentionally and in time of peace:
(a) indulges in hostile acts against or threats or insults to persons belonging to the International Red Cross or Red Crescent or to corresponding humanitarian relief organizations or to the representatives of those organizations or to persons placed under their protection; or
(b) destroys or damages material, installations or depots belonging to those organizations ,
is punishable with simple imprisonment, or, in cases of exceptional gravity, with rigorous imprisonment not exceeding five years .

(2) Where the crime is committed in time of war, the punishment shall be rigorous imprisonment from one year to five years .

PART II

SPECIAL PART

BOOK III

CRIMES AGAINST THE STATE OR AGAINST NATIONAL OR INTERNATIONAL INTERESTS

TITLE II

CRIMES IN VIOLATION OF INTERNATIONAL LAW

CHAPTER II

CRIMES AGAINST HUMANITARIAN ORGANIZATIONS

Article 282.- Abuse of Emblems and Insignia of International Humanitarian Organizations.

Whoever intentionally:

(a) bears, flies or uses without due authorization the emblems or insignia of one of the international humanitarian organizations mentioned above; or

(b) abuses such emblems or insignia or any other protective device recognized in public international law, in particular the white flag, with intent to prepare or to commit hostile acts,
is punishable with simple imprisonment, or, in cases of exceptional gravity, with rigorous imprisonment not exceeding five years .

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(c) War crimes

Article 8
War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such 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.
(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:
(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 civilian objects, that is, objects which are not military objectives;
(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 launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
(ix) 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;
(x) Subjecting persons who are in the power of an adverse party 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;
(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
(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;
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
(xxiv) 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;
(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
(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;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(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;
(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.