SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

War Crime against Prisoners of War

Article 430
(1) Anyone who, in breach of rules of international law, orders against prisoners of war the infliction of bodily injuries, torture, inhuman treatment, biological, medical or other scientific experiments, taking of tissues or body organs for transplantation, or commission of other acts so as to harm health and cause serious suffering or orders coercion to service in armed forces of the enemy, deprivation of the right to a just and impartial trial ; or who commits any of the said offences shall be punished by a prison term not shorter than five years.

(2) Anyone who during a war, armed conflict, or occupation orders murders of prisoners of war or who commits such a crime shall be punished by a prison term not shorter than ten years or by a forty year prison term.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

War Crime against Civilian Population

Article 428
(1) Anyone who, in breach of the rules of international law, in state of war, armed conflict or occupation orders an attack upon civilian population, settlement, individual civilians, persons incapacitated for combat or members or facilities of humanitarian organizations or peace-keeping missions; an attack without a specific target which strikes civilian population or civilian facilities under special protection of international law ; an attack upon military targets that was known to cause killing of civilian population or damage to civilian facilities in obvious disproportion to the expected military effect ; orders action against civilian population so as to physically injure, torture, treat inhumanly, use in biological, medical and other scientific experiments or take tissue or organs for transplantation, or to perform other acts causing harm to health or extensive suffering, or orders displacement or movement or forced change of nationality or religion ; coercion to prostitution or rape ; taking of measures of intimidation and terror, taking of hostages, collective sentencing, unlawful placing under arrest and detention ; deprivation of the right to a just and impartial trial; proclamation of rights and acts of nationals of the opposite party forbidden, suspended or not allowed in court procedure ; compelling to service in armed forces of an enemy force or its intelligence service or
administration ; forced service in armed forces of persons under the age of seventeen ; forced labour ; starving of population ; unlawful confiscation, misappropriation, or destruction of property which belongs to civilian population and which is not justified by military needs ; taking an unlawful and excessive contribution and requisition ; devaluation of local currency or unlawful issuance of currency or who commits any of the said offences shall be punished by a prison term not shorter than five years.

(2) The punishment under para. 1 above shall also apply to anyone who by breaching the rules of international law during a war, armed conflict or occupation orders any of the following : an attack upon facilities under special protection of international law or facilities and installations of dangerous power such as dams, embankments, and nuclear power plants ; strikes at civilian facilities under special protection of international law, places without defence and demilitarised zones ; long term and extensive damage to environment that can cause harm to health or survival of population or who commits any of the said offences.

(3) Anyone who during a war, armed conflict or occupation orders murders against civilian population or who commits such a crime shall be punished by a prison term not shorter than ten years or by a forty year prison term.

(4) Anyone who by breaching the rules of international law during a war, armed conflict or occupation, as an occupying force, orders or commits displacement of a part of its own civilian population to the occupied territory shall be punished by a prison term not shorter than five years.

(5) Anyone who threatens to commit one or more of the offences under paras 1 and 2 above shall be punished by a prison term from six months to five years.

War Crime against the Wounded and Sick

Article 429
(1) Anyone who, in breach of rules of international law, in state of war or armed conflict orders against the wounded, sick, shipwrecked or medical or religious service staff, infliction of bodily injuries, torture, inhuman treatment, biological, medical or other scientific experiments, taking of tissue or body organs for transplantation or other acts causing harm to health or inflicting serious suffering or ordering unlawful destruction or large scale appropriation of materials, means of transport for medical
purpose and stocks of medical institutions or units that is not justified by military needs or who commits any of the said offences shall be punished by a prison term not shorter than five years.

(2) Anyone who during a war, armed conflict or occupation orders murder of the wounded or the sick or commits such a crime shall be punished by a prison term not shorter than ten years or by a forty year prison term.

War Crime against Prisoners of War

Article 430
(1) Anyone who, in breach of rules of international law, orders against prisoners of war the infliction of bodily injuries, torture, inhuman treatment, biological, medical or other scientific experiments, taking of tissues or body organs for transplantation, or commission of other acts so as to harm health and cause serious suffering or orders coercion to service in armed forces of the enemy, deprivation of the right to a just and impartial trial ; or who commits any of the said offences shall be punished by a prison term not shorter than five years.

(2) Anyone who during a war, armed conflict, or occupation orders murders of prisoners of war or who commits such a crime shall be punished by a prison term not shorter than ten years or by a forty year prison term.

Organization and Instigation to Commit Genocide and War Crimes

Article 431
(1) Anyone who conspires with another to commit any of the criminal offence under Articles 426 to 430 hereof shall be punished by a prison term from three months to three years.

(2) Anyone who organizes a group in view of committing any of the criminal offences under para. 1 above shall be punished by a prison term from five to fifteen years.

(3) Anyone who becomes a member of the group referred to in para. 1 above shall be punished by a prison term from one to eight years.

(4) A perpetrator of the offences under paras 1 and 3 above who discloses the conspiracy or group before committing a criminal offence as its member or on behalf of the group, and a perpetrator of the offence under para. 2 above who prevents the commission of the offences under para. 1 above may receive a lighter punishment.

(5) Anyone who calls for or incites to the commission of any of the criminal offences under Articles 426 to 430 hereof shall be punished by a prison term from two to ten years.

Use of Forbidden Combat Device

Article 432
(1) Anyone who in state of war or armed conflict orders the use of combat device or combat method prohibited under the rules of international law or who uses them himself shall be punished by a prison term from two to ten years.

(2) Where the offences under para. 1 above result in the death of several persons, the perpetrator shall be punished by a prison term not shorter than five years or by a forty year prison term.

(3) Anyone who calls for or prepares the use of combat devices or fighting methods referred to in para. 1 above shall be punished by a prison term from six months to five years.

Unlawful Manufacture of Prohibited Weapons

Article 433
(1) Anyone who, in breach of law, other regulations or rules of international law, manufactures, purchases, sells, imports, exports or otherwise obtains and provides another person with, possesses or transports weapons the manufacture or use of which is prohibited or the materials required for their manufacture shall be punished by a prison term from one to five years.

(2) A public official or a responsible officer who orders or enables a legal person to engage in activities referred to in para. 1 above shall be punished by a prison term from one to eight years.

Unlawful Killing and Wounding of Enemies

Article 434
(1) Anyone who, in breach of rules of international law, in state of war or armed conflict kills or wounds an enemy who has laid down his weapons or has unconditionally surrendered or was left without any means of defence shall be punished by a prison term from one to fifteen years.

(2) Where the killing under para. 1 above was committed in an insidious manner or out of base motives, the perpetrator shall be punished by a prison term not shorter than ten years.

(3) Where the killing under para. 1 above was committed in a cruel manner or out of gain or if several persons were murdered, the perpetrator shall be punished by a prison term not shorter than ten years or by a forty year prison term.

(4) The punishment under para. 3 above shall also apply to anyone who, in breach of rules of international law, in state of war or armed conflict issues an order that there must be no enemy survivors or who combats the enemy for that purpose.

Misappropriation of Property from War Casualties

Article 435
(1) Anyone who orders misappropriation of property from persons killed or injured on battlefield or who commits misappropriation himself shall be punished by a prison term from one to five years.

(2) Where the offence under para. 1 above was committed in a cruel manner or where the value of misappropriated property exceeds three thousand euros, the perpetrator shall be punished by a prison term from one to eight years.

(3) Where the value of property referred to in para. 1 above exceeds thirty thousand euros, the perpetrator shall be punished by a prison term from two to ten years.

Wrongdoing against a Bearer of a Flag of Truce

Article 436
Anyone who, in breach of rules of international law, in state of war or armed conflict insults, ill-treats or holds a bearer of a flag of truce or his escort or who hinders their return or otherwise violates their inviolability or who orders the commission of such offences shall be punished by a prison term from six months to five years.

Cruel Treatment of the Injured, Sick and of Prisoners of War

Article 437
Anyone who, in breach of rules of international law, treats inhumanly the injured, sick or prisoners of war, or who prevents or denies their access to the rights vested in them under such rules or who orders the commission of such offences shall be punished by a prison term from six months to five years.

Unjustified Delay of Repatriation of Prisoners of War

Article 438
Anyone who, in breach of rules of international law, after the war or armed conflict ended, unjustifiably delays the repatriation or prisoners of war or of civilians, or who orders such delay shall be punished by a prison term from six months to five years.

Destruction of Cultural Good

Article 439
(1) Anyone who, in breach of rules of international law, in state of war or armed conflict destroys or uses for military purposes cultural or historical monuments or other cultural good or religious structures or institutions or facilities intended for science, art, education or humanitarian goals or who misappropriates a movable cultural good or orders the commission of such offences shall be punished by a prison term from three to fifteen years.

(2) Where the offence under para. 1 above resulted in the destruction of a facility that as a cultural good enjoys special protection of international law, the perpetrator shall be punished by a prison term from five to fifteen years.

Omission to Prevent Criminal Offences against Humanity and Other Values Protected under International Law

Article 440
(1) A military commander or a person performing this function or a superior civilian who knowing that forces he is commanding or controlling are preparing or have commenced the commission of any of the criminal offences under Articles 426 to 430, Art.432, Art. 434 to 437 and Art.439 hereof omits to take the necessary measures that he could have taken and was obliged to take for the prevention of commission of the offences and thereby causes actual commission of any of the offences shall be punished by a prison term from two to ten years.

(2) Where the offence under para. 1 above was committed by negligence, the perpetrator shall be punished by a prison term up to three years.

Abuse of International Signs

Article 441
(1) Anyone who abuses or carries without authorization the flag or sign of the United Nations Organization or the flag or sign of the Red Cross Organization or signs equivalent to them or other internationally recognized signs used to mark certain facilities for their protection against military operations or who orders that such offences be committed shall be punished by a prison term up to three years.

(2) Anyone who commits any of the offences under para. 1 above in the zone of war operations shall be punished by a prison term from six months to 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.