SPECIAL PART

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

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.

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:
(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army