SPECIAL PART

Chapter XVI. Offences against peace, and humanity, and war crimes

Article 123. § 1. Whoever, in violation of international law, commits the homicide of

1) persons who surrendered, laid down their arms or lacked any means of defence,
2) the wounded, sick, shipwrecked persons, medical personnel or
clergy,
3) prisoners of war,
4) civilians in an occupied area, annexed or under warfare, or other persons who are protected by international law during warfare,
shall be subject to the penalty of the deprivation of liberty for a minimum term of 12 years, the penalty of deprivation of liberty for 25 years or the penalty of deprivation of liberty for life.

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