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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

Use of Weapons Prohibited by International Treaty

Section 160/A

(1) Any person who uses or orders the use of a weapon or instrument of war prohibited by international treaty in a theater of military operation or in an occupied territory against the enemy, civilians or prisoners of war commits a felony offense and shall be punishable with imprisonment between ten to fifteen years or life imprisonment.

(2) Any person who makes preparations for the use of a weapon prohibited by international treaty commits a felony offense and shall be punishable with imprisonment of up to five years.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

Use of Weapons Prohibited by International Treaty

Section 160/A

(3) For the purposes of Subsections (1)-(2) the following shall be construed as weapons prohibited by international treaty :

Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to have Indiscriminate Effects, as promulgated by Law-Decree 2 of 1984 :

1. weapons causing injury by fragments which cannot be detected by X-ray, as specified in Protocol I,
2. mines, remotely-delivered mines, anti-personnel mines, booby-traps and other devices specified in Points 1-5 of Article 2 of the Amended Protocol II, as promulgated by Act CXXXIII of 1997,
3. incendiary weapons specified in Point 1 of Article 1 of Protocol III,
4. blinding laser weapons specified in Article 1 of the Supplementary Protocol IV,

c) chemical weapons and chemical instruments of war specified in Points 1 and 7 of Article 2 of the convention signed at Paris on 13 January 1993 on Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, as promulgated by Act CIV of 1997,
d) anti-personnel mines specified in Point 1 of Article 2 of the convention signed at Oslo on 18 September 1997 on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, as promulgated by Act X of 1998.

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