'Intentionally directing attacks against personnel involved in humanitarian assistance - IAC' in document 'Macedonia - Criminal Code'

Jump to:

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 crimes against the civil population

Article 404

(2) The punishment from item 1 shall apply to a person who by violating the rules of international law, during a war, an armed conflict or an occupation orders : an attack on cultural good which is under reinforced protection or other structures with special protection upon facilities specially protected by international law, buildings, means of transportation, material and medical units that use well known marks determined by the international law or personnel, installations, material, units or vehicles included in providing humanitarian aid or peace keeping missions and upon facilities and plants with a dangerous power, such as dams, embankments and nuclear power plants ; without a choice of the targets to strike : hospitals and places where the sick wounded and other are gathering, civil constructions, which are under special protection by international law, prohibited places or demilitarized zones cities, villages, settlements or buildings that are not defended and are not military
targets ; long lasting and extensive destruction of the natural environment that could be damaging to the health or the survival of the population ; or of cultural good that is under reinforced protection or its vicinity to be used as a support of a military action, destruction or possession of greater scope of cultural good, protected by the international law, stealing or vandal attacks on cultural goods protected by the international law the person who commits some of the above mentioned crimes.

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:
(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