'Grave breaches - IAC' 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 ;
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 ;

RELEVANT ROME STATUTE PROVISIONS

Article 8
War 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.