BOOK I
GENERAL PART

TITLE VI
PRESCRIPTION OF CRIMINAL LIABILITY

CHAPTER III
EXEMPTION FROM STATUTE OF LIMITATIONS

Article 117. Crimes of genocide, crimes against peace and humanity and war crimes

There is no prescription on criminal prosecution and sentences relating to crimes of genocide, crimes against peace and humanity and war crimes.

BOOK II
SPECIAL PART

TITLE I
CRIMES AGAINST PEACE AND HUMANITY

CHAPTER II
WAR CRIMES

Article 125. War crimes against individuals

1. Any person who, within the context of an armed conflict of an international or noninternational nature, commits against a person protected by international humanitarian law :

a) Homicide ;
b) Torture or cruel, degrading or inhumane treatment, including biological experiments ;
c) Acts causing serious suffering or serious aggression to physical integrity ;
d) Taking of hostages ;
e) Compels a person to serve in a hostile army or conscripts or enlists children under the age of 18 into the armed, military or paramilitary forces of a State, or into armed groups other than the armed, military or paramilitary forces of a State, or uses them to participate in hostilities ;
f) Serious, prolonged and unjustified restrictions on the liberty of persons ;
g) Deportation or transfer or unlawful confinement ;
h) Unjustified appropriation or destruction of property of high value ;
i) Renders and executes sentences, without previous fair and impartial trial ;
j) Commits acts offensive to human dignity, in particular by means of humiliating and degrading treatment ;
k) Kills or wounds a combatant who, having laid down his or her arms or having no longer any means of defense, has unconditionally surrendered or otherwise been removed from combat ;
l) Any of the acts described in paragraph (g) of the previous article ;
m) Subjects persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither motivated by any medical, dental or hospital treatment of the persons concerned, nor performed in their interest, and which cause death to or seriously endanger the health of such persons ; is punishable with 12 to 25 years imprisonment.

2. The limits of the sentence are increased by one-fifth whenever the acts referred to in the previous subarticle are committed against members of a humanitarian institution.

3. Any person who, within the context of an armed conflict of an international nature :

a) Transfers, directly or indirectly, as an occupying power, parts of its own civilian population into the territory it occupies, or transfers all or parts of the population of the occupied territory within or outside this territory ;
b) Compels a prisoner of war or other protected person to serve in the armed forces of a hostile power ;
c) Delays, after cessation of hostilities, and without a justified reason, repatriation of prisoners of war; is punishable with 15 to 30 years imprisonment.

Article 126. War crimes committed using prohibited methods of warfare

Any person who, within the context of an armed conflict of an international or noninternational nature :

a) Conducts widespread attacks against the civilian population or against individual civilians not taking direct part in hostilities ;
b) Attacks civilian assets, that is, assets that are not military objectives ;
c) Attacks by whatever means, human settlements, dwellings or buildings which are undefended and not military objectives ;
d) Launches an indiscriminate attack that affects a civilian population or assets in the knowledge that such an attack will cause excessive loss of human life or injury to civilians or damage to civilian assets ;
e) Utilizes the presence of civilians or other protected persons to shield certain points, areas or military forces from becoming targets of military operations ;
f) Intentionally uses starvation of civilians as a method of warfare by depriving them of goods indispensable to their survival ;
g) Declares or threatens, in the capacity of an officer, that no quarter will be given ;
h) Treacherously kills or injures hostile combatants ;
i) Launches an attack while capable of knowing that such an attack will cause widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated ;
j) Commits perfidy, construed as the act of killing, wounding or capturing an adversary by appealing to good faith, with the intention to deceive, leading the same to believe that he or she is entitled to, or is obliged to accord, protection under the rules of humanitarian international law ; is punishable with 15 to 30 years imprisonment.

Article 127. War crimes committed using prohibited means of warfare

1. Any person who, within the context of an armed conflict of an international or noninternational nature, employs weapons, projectiles and materials and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or to cause indiscriminate effects, in violation of international law applied to armed conflict, is punishable with 12 to 25 years imprisonment :

2. The previous subarticle covers, namely, the use of :

a) Poison or poisoned weapons ;
b) Asphyxiating, toxic or other similar gases, and all analogous liquids, materials or devices ;
c) Projectiles that expand or flatten easily inside the human body, such as hollow-pointed jacketed bullets or those with incisions ;
d) Antipersonnel landmines ;
e) Chemical weapons ;
f) Weapons whose major effect is to cause wounds with shrapnel which cannot be located by x-ray in the human body ;
g) Incendiary weapons ;
h) Laser weapons causing blindness ;

3. The weapons, instruments and products referred to in the previous subarticle correspond to the definitions set out by international law.

Article 128. War crimes against assets protected by insignia or distinctive emblems

Any person who, in the context of an armed conflict of an international or non-international nature, directs attacks against :
a) Personnel, facilities, material, units or vehicles involved in humanitarian assistance or peace-keeping missions in accordance with the Charter of the United Nations, whenever the same are entitled to protection given to civilians or civilian assets under international humanitarian law ;

b) Buildings, facilities, material, units or vehicles visibly displaying the distinctive emblems of the Geneva Conventions or personnel using such emblems; is punishable with 10 to 20 years imprisonment.

Article 129. War crimes against property

Any person who, within the context of an armed conflict of an international or noninternational nature :

a) Seizes, destroys or damages property on a large scale or of high value, with no military need to do so or in an arbitrary or illegal manner ;
b) Attacks, destroys or damages buildings dedicated to religion, education, art, science or charitable purposes, historic or cultural monuments, archaeological sites, hospitals and places where the sick and wounded are collected, provided they are not military objectives ;
c) Pillages a town or site, even when taken by assault; is punishable with 5 to 15 years imprisonment.

Article 130. War crimes against other rights

Any person who, within the context of an armed conflict of an international or noninternational nature, declares any rights and proceedings of the nationals of the hostile party to be abolished, suspended or inadmissible in a court of law is punishable with 5 to 15 years imprisonment.

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(c) War crimes

Article 8
War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
2. For the purpose of this Statute, "war crimes" means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
(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:
(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 civilian objects, that is, objects which are not military objectives;
(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 launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
(ix) 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;
(x) Subjecting persons who are in the power of an adverse party 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;
(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
(xxiv) 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;
(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(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;
(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.