'Other serious violations of the laws and customs - NIAC' in document 'Romania - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

The Special Part

Title I
Crimes and delicts against persons

Chapter I
Crimes against humankind

Inhuman treatment

Art.173 – (1) Subjection of injured or diseased persons, of members of the civil health personnel or of the personnel of the Red Cross or of organisations equated to it, of castaways, prisoners of war and in general of any other person fallen into the enemy’s powers to inhuman treatment, or to medical or scientific experiments not justified by a medical treatment in their best interest, shall be punished by severe detention from 15 to 20 yearsand the prohibition of certain rights.

(2) The same penalty shall also sanction the commission with regard to the persons in para.
(1) of one of the following acts :

• a) coercion to serve in the enemy’s armed forces ;
b) taking hostages ;
c) deportation ;
d) dislocation or deprivation of freedom with no legal grounds ;
e) conviction or execution without prior judgment by a court founded legally and that judged the case in observance of the fundamental judicial safeguards provided in the law.

(3) Torture, mutilation or extermination of persons in para.(1) shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(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