'Killing or wounding a combatant who no longer has means of defence and has surrendered at discretion - IAC' 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 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

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.

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:
(vi) Killing or wounding a combatant who, having laid down his arms or having no
longer means of defence, has surrendered at discretion