'Grave breaches - IAC' in document 'Ethiopia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 .

RELEVANT ROME STATUTE PROVISIONS

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.