SPECIAL PART

CHAPTER XV
CRIMES AGAINST HUMANITY AND WAR CRIMES

Article 101. Killing of Persons Protected under International Law

Any person who, in violation of norms of international humanitarian law in time of war or during an international armed conflict, occupation or annexation, orders to kill or kills : the persons who had surrendered by laying down their arms or not having any means of resistance ; the wounded, the sick or seamen of a sinking war ship ; prisoners of war ; the civilians present in an occupied, annexed or captured territory or in the territory of hostilities or other persons under international protection in time of war
shall be punished by imprisonment for a period of ten up to twenty years or by life imprisonment.

Article 102. Deportation of Civilians of an Occupied State or Transfer of the Civilian Population of an Occupying State

A person who, in time of war or during an international armed conflict or under the conditions of occupation or annexation, orders to deport or carries out deportation of the civilian population from an occupied or annexed territory to the territory of an occupying or annexing country or of a third country ; orders to transfer or transfers the civilian population of the occupying state to the territory of the occupied country
shall be punished by imprisonment for a term of three up to fifteen years.

Article 103. Causing Bodily Harm to, Torture or Other Inhuman Treatment of Persons Protected under International Humanitarian Law

A person who, in time of war or during an armed international conflict or under the conditions of occupation or annexation and in violation of norms of international humanitarian law, inflicts a serious bodily harm to or an illness upon or tortures the wounded, the sick, seamen of a sinking warship, prisoners of war, civilians or other persons protected under international humanitarian law, conducts a biological or medical experiment with them, unlawfully takes their organ or tissue for transplanting purposes, unlawfully takes their blood or subjects them to other inhuman treatment, imposes upon them criminal penalties without a judgement of an independent and impartial court or without guarantees of defence in court or commits an outrage on the remains of the fallen ;
shall be punished by imprisonment for a term of three up to twelve years.

Article 104. Violation of Norms of International Humanitarian Law Concerning Protection of Civilians and Their Property in Time of War

A person who, in time of war or during an armed international conflict or under the conditions of occupation or annexation and in violation of norms of international humanitarian law, drives out the civilian population from their homes or resettles them or forces them to change their religion ; rapes women , involves them in sexual slavery or forces them to engage in prostitution ; forcibly sterilises or inseminates them ; utilises means of intimidation or terror ; takes hostages ; applies collective punishment ; confines in a concentration camp ; separates children from their parents or guardians ; threatens death by starvation ; imposes criminal penalties without a judgement of an independent and impartial court or without guarantees of defence in court ; confiscates their property or conducts mass expropriation thereof for purposes other than military necessity ; imposes unjustifiably large contributions and requisitions
shall be punished by imprisonment for a term of three up to fifteen years.

Article 105. Forcible Use of Civilians or Prisoners of War in the Armed Forces of the Enemy

1. A person who, in time of war, during an armed international conflict, occupation or annexation and in violation of international humanitarian law, forces civilians or prisoners of war to serve in the armed forces of their enemy, uses them as a human shield in a military operation, conscripts or recruits children under the age of 18 years into the armed forces or uses them in a military operation
shall be punished by imprisonment for a term of three up to ten years.

2. A person who conscripts or recruits children under the age of 18 years into military service in the military groups not belonging to the armed forces of the State or uses them in a military operation
shall be punished by imprisonment for a term of three up to twelve years.

Article 106. Destruction of Protected Objects or Plunder of National Valuable Properties

A person who issues an order not justifiable by military necessity to destroy or destroys the historic monuments, objects of culture, art, education, upbringing, science or religion protected by treaties or national legal acts, plundered national valuable properties in an occupied or annexed territory and causes extensive damage
shall be punished by imprisonment for a term of three up to twelve years.

Article 107. Delay in Repatriation of Prisoners of War

A person who, after the signing of a peace treaty or cessation of hostilities, unjustifiably delays the release or repatriation of prisoners of war
shall be punished by imprisonment for a term of up to three years or a fine.

Article 108. Delay in Release of Interned Civilians or Impeding Repatriation of Other Civilians

A person who, after cessation of hostilities, unjustifiably delays the release of interned civilians or does not permit other civilians to repatriate to their Homeland from the territory of an armed conflict, where they so wish
shall be punished by imprisonment for a term of up to three years or a fine.


Article 109. Unlawful Use of the Emblem of the Red Cross, Red Crescent, Red Crystal and the United Nations Organization or Another Universally Recognised Emblem (Sign) or Designation

A person who unlawfully uses the emblem of the Red Cross, Red Crescent, Red Crystal, the United Nations Organization or another universally recognised emblem (sign) or designation during an international or other than international armed conflict
shall be punished by imprisonment for a term of up to three years or a fine.

SPECIAL PART

CHAPTER XV
CRIMES AGAINST HUMANITY AND WAR CRIMES

Article 111. Prohibited Military Attack

1. A person who orders to carry out or carries out a military attack prohibited under international humanitarian law against civilians, medical or civil defence personnel, a military or civilian hospital, a first-aid post, a vehicle carrying wounded or sick persons, the personnel of the International Red Cross Committee or a National Red Cross or Red Crescent Society, a military attack against an undefended settlement or a demilitarised zone, a military attack without selecting a specific target and being aware that it could result in civilian casualties or destruction of a civilian object, or a military attack against the combatants who had clearly withdrawn from the battle and had given up resistance
shall be punished by imprisonment for a term of five up to fifteen years.

2. A person who orders to carry out or carries out a military attack contravening international humanitarian law against a target posing a considerable danger to the environment and people, such as a nuclear plant, a dam, a facility for the storage of toxic substances or another object, while being aware that it could cause grave consequences, or a military attack using weapons of mass destruction
shall be punished by imprisonment for a period of ten up to twenty years or by life imprisonment.

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.