'National penalties - war crimes' in document 'Macedonia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

War crimes against the civil population

Article 404

(1) A person who, by violating the rules of international law, during a war, armed conflict or occupation, orders an attack upon civil population, a settlement, certain civil persons or persons incapacitated for combat, which had as consequence death, serious body injury or serious disturbance to the health of the people ; an attack without choosing the target, which strikes the civil population ; to commit against the civil population murder, torture, inhuman acts, biological, medical or other scientific experiments, taking tissue or organs for the purpose of transplantation, inflicting grave suffering or injury to the body integrity or the health ; resettlement and moving or forced denationalization or transfer to some other religion ; coercion to prostitution or rape, sexual slavery or causing forced pregnancy, forced sterilization or other type sexual violence, the implementation of measures of fear and terror, taking hostages, collective punishment, illegal taking to concentration camps and other illegal arrests, depriving of the right to a proper and unbiased trial or implementation of sentence or execution without prior verdict issued by a legally based court in a procedure that provides the generally accepted court guarantees ; coercion for service in the armed forces of the enemy or in its intelligence service or administration, enrolment and recruitment of minors under 15 years of age in the armed forces and their use through active participation in military activities ; utilization of the presence of civilians or other protected persons as life shield in certain places or areas where the armed forced are acting coercion to forced labor, starving of the population, hindering of the approach to the humanitarian aid confiscation of property, pilfering of property of the population, illegal and self-willed destruction or usurpation of a larger extent of properties which is not justified by the military needs, taking an unlawful and excessive contribution and requisition, decreasing the value of the domestic currency or unlawful issue of money ;

or the person who commits some of the above mentioned crimes - shall be punished with imprisonment of at least ten years, or with life imprisonment.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

War crime against wounded and ill

Article 405

A person who, by violating the rules of international law, during a war or an armed conflict, and against wounded, ill, castaways or medical personnel, orders the committing of murders, torture, inhuman actions, biological, medical or other scientific experiments, taking of tissue or organs for transplantation, or inflicting grave suffering or injury to the body integrity or health, or illegal and self-willed destruction or usurpation of a large extent of materials, means for medical transport and stores from medical or religious institutions, or from units, which is not justifies by the military needs, or the person who commits any of the above mentioned crimes, shall be punished with imprisonment of at least ten years, or with life imprisonment.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

War crimes against prisoners of war

Article 406

A person who by violating the rules of international law, and against prisoners of war, orders the committing of murders, torture, inhuman behavior, biological, medical or other scientific experiments, taking of tissues or organs for transplantation, inflicting grave suffering or injury to the body integrity or to health, forcing to serve in the armed forces of the enemy, or depriving of the right to a proper and unbiased trial or to implement sentence or execution without prior verdict of a legally based court and procedure which provides the generally accepted court guarantees or illegally to be deported, displaced or held in custody or the person who commits any of the above mentioned crimes, shall be punished with imprisonment of at least ten years, or with life imprisonment.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Use of unallowed combat means

Article 407

(1) A person who during a war or an armed conflict orders the use poisons or poisonous weapons, poisonous gases, gasses for suffocation or other type of gases or similar liquids, material or devices, personal mines, bullets that are easily spread in the human body, as well as bullets with hard capsule that does not cover the whole bullet or is bored, weapons, projectiles, material or other way of war that according to their nature cause unnecessary injuries or suffer or which have characteristics that are against the international war law, do not make difference between military and civil targets etc. of combat means or a manner of combat which are prohibited by the rules of international law, or uses them himself, shall be punished with imprisonment of at least one year.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Use of unallowed combat means

Article 407

(3) If because of the crime from item 1 many people died, the offender shall be punished with imprisonment of at least ten years, or with life imprisonment.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Approving or justifying of a genocide, crimes against humanity or military crimes

Article 407-a

(1) One that will publicly negate, roughly minimize, approve and justify the crimes stipulated in the articles 403 through 407, through an information system, shall be sentenced with imprisonment of one to five years.

(2) If the negation, minimizing, approval or the justification is performed with intention to pour hate, discrimination or violence against a person or group of persons due to their national, ethnic or racial origin or religion, the perpetrator, shall be sentenced with imprisonment of at least four years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Unlawful killing and wounding of an enemy

Article 409

(1) A person who by violating the rules of international law during a war or an armed conflict, kills or wounds an enemy who has laid down his weapons, or who unconditionally surrendered, or remained without defense means, shall be punished with imprisonment of at least one year.

(2) If the murder from item 1 was committed in a cruel or subversive manner, out of self- interest or with other low motives, or if several persons are killed, the offender shall be punished with imprisonment of at least ten years, or with life imprisonment.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Cruel behavior with wounded, ill or with prisoners of war

Article 412

A person who by violating the rules of international law behaves cruelly with the wounded, the ill or with the prisoners of war, or who makes it impossible or who prevents them from using the rights which belong to them according to those rules, shall be punished with imprisonment of six months to five years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Unjustified delay in repatriation of prisoners of war

Article 413

A person who by violating the rules of international law, after the termination of the war or the armed conflict, orders or executes an unjustified delay in the repatriation of the prisoners of war or of civilians, shall be punished with imprisonment of six months to five years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Destruction of goods under temporary protection or cultural heritage

Article 414

(1) A person who by violating the rules of international law during a war or an armed conflict, destroys goods under temporary protection or cultural heritage and constructions, religious structures or institutions intended for science, art, education or for humanitarian purposes, shall be punished with imprisonment of at least one year.

(2) If with the crime from item 1 a clearly distinctive facility is destroyed, which is under special protection of international law as a cultural and spiritual heritage of the people, the offender shall be punished with imprisonment of at least five years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Abuse of international signs

Article 416

(1) A person who abuses or without authorization carries the flag or the sign of the Organization of the United Nations, or the signs or flag of the Red Cross, or signs that correspond to them, international telecommunication signs, signs of cultural heritage or other acknowledged international signs with which certain facilities are marked, shall be punished with imprisonment of three months to three years.

(2) The sentence stipulated in paragraph 1 shall be also imposed to one that misusing truth flag, war signs or uniform of the enemy will cause death or severe body injury to some person.

(3) A person, who commits the crime from item 1 and 2 in a zone of military operations, shall be punished with imprisonment of six months to five years.