'Serious violations of Common Article 3 - NIAC' in document 'Timor-Leste - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 ;

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 :

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 ;

RELEVANT ROME STATUTE PROVISIONS

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