SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

Violence Against the Civilian Population

Section 158

(1) The person who applies violence in an operational or occupied area against a civilian person or prisoner of war, displays inhuman treatment or otherwise gravely abuses his power, - unless a graver crime is realized - commits a felony and shall be punishable with imprisonment from five years to ten years.

SPECIAL PART

Chapter XI
Crimes Against Humanity

Title II
War Crimes

Violence Against the Civilian Population

Section 158

(1) The person who applies violence in an operational or occupied area against a civilian person or prisoner of war, displays inhuman treatment or otherwise gravely abuses his power, - unless a graver crime is realized - commits a felony and shall be punishable with imprisonment from five years to ten years.

(2) The punishment shall be imprisonment from ten years to fifteen years or life imprisonment, if the crime defined in subsection (1) causes death.

(3) For the purposes of this Section, inhuman treatment is in particular

a) settlement of the civilian population of the occupying power in the occupied territory, or resettlement of the population of the occupied territory,
b) deprivation of the civilian population and prisoners of war from their right to being tried in a regular and impartial procedure,
c) unjustified delay in the repatriation of prisoners of war or civilian persons.

War-time Looting

Section 159

(1) The person who loots civilian goods in an operational or occupied territory, or causes grave detriment to the population by the enforcement of services or in another manner, - unless a graver crime is realized -, commits a felony, and shall be punishable with imprisonment from two years to eight years.

(2) The punishment shall be imprisonment from five years to ten years, if the crime is committed in an armed manner or in a group.

Sinful Warfare

Section 160

A military commander who, violating the rules of the international law of warfare

a) pursues war operation which causes serious damage in the life, health or goods of the civilian population, in internationally protected cultural goods, in facilities containing dangerous forces,
b) takes offensive against a locality without defence or a weapon-free zone,
commits a felony and shall be punishable with imprisonment from ten years to fifteen years, or life imprisonment.

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.

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

a) asphyxiating, poisonous and other gases and bacteriological methods of warfare as set forth in the protocol signed at Geneva on 17 June 1925 on the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, as promulgated by Law-Decree 20 of 1955,
b) the following weapons listed in the protocols to the convention signed at Geneva on 15 October 1985 on 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.

Battlefield Looting

Section 161

The person who loots the fallen, injured or sick people on the battlefield, commits a felony and shall be punishable with imprisonment from two years to eight years.

Infringement of Armistice

Section 162

(1) The person who infringes the conditions of armistice, commits a felony, and shall be punishable with imprisonment from one year to five years.

(2) The punishment shall be imprisonment from five years to ten years, if the infringement of the armistice leads to especially grave consequences.

Violence Against a War Emissary

Section 163

(1) The person who insults, illegally restrains the war emissary of the enemy or his companion, or otherwise applies violence against him, - unless a graver crime is realized -, commits a felony, and shall be punishable with imprisonment of up to three years.

(2) The person who kills a war emissary or his companion, shall be punishable with imprisonment from ten to fifteen years, or life imprisonment.

Misuse of the Red Cross

Section 164

That who in war-time misuses the sign of the red cross (red crescent, red lion and sun) or other signs serving a similar purpose and recognized internationally, or commits a violent act against a person or thing under the protection thereof, shall be punishable for a felony with imprisonment from one year to five years.

Other War Crimes

Section 165

A special legal rule (Decree No. 81/1945 (II.5.) ME, enacted by Act VII of 1945, amended and complemented by Decree No. 1440/1945 (V.1.) ME) shall provide for other war crimes.

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.