PART TWO
SPECIAL PART

CHAPTER TWELVE
CRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES

Title Two
War Crimes

Section 433
Lawlessness in the Wartime

(1) Any person who commits an act that is deemed to be a war crime under Article 8 of the Rome Statute of the International Criminal Court shall be liable to a term of imprisonment of twelve to twenty-five or to life imprisonment.

(2) The offender shall be liable to life imprisonment if he commits the offence referred to in paragraph 1,

a) and causes grievous bodily harm or death to several persons or other particularly serious consequence through its commission, or
b) in retaliation.

PART TWO
SPECIAL PART

CHAPTER TWELVE
CRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES

Title Two
War Crimes

Section 431
War Atrocities

(1) Any person who, in the wartime, violates the rules of international law by cruel treatment of helpless civilian population, refugees, wounded persons, members of the armed forces who have laid down their arms or prisoners of war shall be liable to a term of imprisonment of four to ten years.

(2) The same sentence as referred to in paragraph 1 shall be imposed on any person who, in the wartime, violates the rules of international law by

a) failing to take effective measures for the protection of persons who are in need of such help, in particular children, women and wounded or elderly persons, or who prevents such measures from being taken, or
b) impedes or blocks civil protection organisations of the enemy, of a neutral or other state in the fulfilment of their humanitarian tasks.

(3) The offender shall be liable to a term of imprisonment of ten to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2, he causes grievous bodily harm or death or other particularly serious consequence.

Section 432
Persecution of Civilians

(1) Any person who, in the wartime, performs inhuman acts on the grounds of national, racial or ethnic discrimination, or who terrorises helpless civilian population by violence or the threat of its use, shall be liable to a term of imprisonment of four to ten years.

(2) The same sentence as referred to in paragraph 1 shall be imposed on any person, who, at the time referred to in paragraph 1,

a) destroys or seriously damages the source of elementary necessities of life of the civilian population in an occupied territory or buffer zone, or who wilfully refuses to provide the population with the assistance they need for their survival,
b) delays, without justifiable reasons, the return of the civilian population or prisoners of war,
c) resettles, without justifiable reasons, civilian population of the occupied territory,
d) settles the occupied territory with the population of his own country, or
e) wilfully denies the civilian population or prisoners of war the right to have their criminal offences decided by impartial courts.

(3) The offender shall be liable to a term of imprisonment of ten to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2, he causes grievous bodily harm or death or other particularly serious consequence.

Section 433
Lawlessness in the Wartime

(1) Any person who commits an act that is deemed to be a war crime under Article 8 of the Rome Statute of the International Criminal Court shall be liable to a term of imprisonment of twelve to twenty-five or to life imprisonment.

(2) The offender shall be liable to life imprisonment if he commits the offence referred to in paragraph 1,

a) and causes grievous bodily harm or death to several persons or other particularly serious consequence through its commission, or
b) in retaliation.

Section 434
Endangering Cultural Values

Any person who, in the wartime,

a) substantially destroys or appropriates objects of cultural value protected under an international agreement,
b) plunders, commits the acts of vandalism or otherwise misuses such object,
c) wages an attack against such object in contravention of an international agreement, or
d) uses an object of cultural value enjoying advanced protection under an international agreement or its immediate vicinity for combat support in contravention of an international agreement,
shall be liable to a term of imprisonment of three to ten years.


Title Three
Common Provisions

Section 435

(1) For the purposes of the application of the provisions of this Chapter a war shall mean

a) an international armed conflict, or
b) a lengthy armed conflict on the territory of the State between the Government authorities and organised armed groups or between such groups fighting against each other, except for internal disorders and tensions, such as rebellions, isolated and sporadic acts of violence or acts of similar nature.

(2) A military commander shall also mean a person effectively acting as a military commander.

(3) A military commander shall be held criminally responsible for crimes referred to in this Chapter even if they were committed by armed forces under his effective command and control, as a result of his failure to exercise control properly over such forces, if he,

a) owing to the circumstances at the time, should have known that forces were committing or about to commit such crimes, and
b) failed to take all necessary and reasonable measures within his power to prevent or repress their commission, or to submit the matter to the competent authorities for investigation and prosecution.

(4) A superior, except for a superior referred to in paragraph 3, shall be held criminally responsible for crimes referred to in this Chapter even if they were committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates, if

a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes,
b) the crimes concerned activities that were within the effective responsibility and control of the superior, and
c) failed to take all necessary and reasonable measures within his power to prevent or repress their commission, or to submit the matter to the competent authorities for investigation and prosecution.

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, 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 civilian objects, that is, objects which are not military objectives;
(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 launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
(ix) 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;
(x) Subjecting 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 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;
(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
(xxiv) 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;
(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.