'Other serious violations of the laws and customs - 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 :

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 ;

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 :

h) Unjustified appropriation or destruction of property of high value ;

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 :

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.

BOOK II
SPECIAL PART

TITLE I
CRIMES AGAINST PEACE AND HUMANITY

CHAPTER II
WAR CRIMES

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 ;

RELEVANT ROME STATUTE PROVISIONS

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