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.

Article 7
Crimes against humanity
1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
3. For the purpose of this Statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.