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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

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

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.

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