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 426
Using Prohibited Weapons and Unlawful Warfare

(1) Any person who in the wartime orders

a) the use of prohibited means of warfare or of similar material or uses such means or material, or who
b) that prohibited practices be used in the combat or uses such combat practices himself,
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 a commander who, in contravention of the provisions of international law concerning the means and methods of warfare, wilfully

a) causes harm to civilian population or to the lives, limbs or property of civilians by a military operation, or wages an attack against them as a reprisal, wages an attack against an undefended site or demilitarised zone,
b) destroys or damages a water dam, nuclear power plant or a similar installation containing dangerous forces, or
c) destroys or damages a facility designated for humanitarian purposes or an internationally recognised cultural or natural monument.

(3) The offender shall be liable to a term of imprisonment of ten to twenty years if, through the commission of the offence referred to in paragraphs 1 or 2, he causes

a) grievous bodily harm or death to several persons,
b) large-scale damage, or
c) other particularly serious consequence.

Section 427
Plundering in the Area War

(1) Any person who, in the war operations area, in the battlefield, in the areas affected by military operations, or on the occupied territory,

a) takes possession of a thing belonging to another, misusing that person's distress,
b) wilfully destroys property belonging to another or takes possession of such property under the pretext of war necessity, or
c) robs the killed or wounded persons,
shall be liable to a term of imprisonment of four to ten years.

(2) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraph 1 a) using violence, the threat of violence or other serious harm, or
b) against persons or things enjoying special protection under the law or international legal instruments.

(3) The same sentence as referred to in paragraph 2 shall be imposed on the offender if, through the commission of the offence referred to in paragraph 1, he causes

a) grievous bodily harm, or
b) substantial damage.

(4) The offender shall be liable to a term of imprisonment of ten to twenty years if, through the commission of the offence referred to in paragraph 1, he causes

a) death, or
b) large-scale damage.

Section 428
Misuse of Internationally Recognised and National Symbols

(1) Any person who, in the wartime, misuses the designation of the Red Cross or other identification symbols or colours recognised by international law for designating medical facilities, vehicles, persons providing medical assistance or securing evacuation, shall be liable to a term of imprisonment of three to ten years.

(2) The same sentence as referred to in paragraph 1 shall be imposed on any person who, in the wartime, misuses the emblem of the United Nations, national flag, national emblem military emblem, insignias or uniform of a neutral or other state which is not a party to the conflict.

(3) The offender shall be liable to a term of imprisonment of twelve to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2 that constitutes a means of military deception, he causes

a) death to several persons,
b) large-scale damage, or
c) other particularly serious consequence.

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

(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.