'National penalties - war crimes' 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 :

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.

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 :

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.

BOOK II
SPECIAL PART

TITLE I
CRIMES AGAINST PEACE AND HUMANITY

CHAPTER II
WAR CRIMES

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 : ...

BOOK II
SPECIAL PART

TITLE I
CRIMES AGAINST PEACE AND HUMANITY

CHAPTER II
WAR CRIMES

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 :

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.

BOOK II
SPECIAL PART

TITLE I
CRIMES AGAINST PEACE AND HUMANITY

CHAPTER II
WAR CRIMES

Article 129. War crimes against property

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

c) Pillages a town or site, even when taken by assault; is punishable with 5 to 15 years imprisonment.

BOOK II
SPECIAL PART

TITLE I
CRIMES AGAINST PEACE AND HUMANITY

CHAPTER II
WAR CRIMES

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.