'National penalties - war crimes' in document 'Cape Verde - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME II - SPECIFIC PROVISIONS

TITLE IV - CRIMES AGAINST THE INTERNATIONAL COMMUNITY

Article 272
(Crimes against persons subject to protection in a situation of armed conflict)
A penalty of 10 to 20 years' imprisonment shall be imposed as punishment upon anyone who, in violation of the provisions of international law, in a situation of armed conflict, carries out against any person subject to protection

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME II - SPECIFIC PROVISIONS

TITLE IV - CRIMES AGAINST THE INTERNATIONAL COMMUNITY

Article 272
(Crimes against persons subject to protection in a situation of armed conflict)

A penalty of 10 to 20 years' imprisonment shall be imposed as punishment upon anyone who, in violation of the provisions of international law, in a situation of armed conflict, carries out against any person subject to protection

(a) homicide or a serious offence against the person's physical or psychological integrity,

(b) torture or any other cruel, degrading or inhuman treatment, including biological experiments,

(c) sexual assault,

(d) deportation, enslavement, or kidnapping or abduction,

(e) forced conscription into enemy armed forces,

(f) the confiscation or destruction of valuable assets,

unless some more severe penalty applies pursuant to some other legal provision.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME II - SPECIFIC PROVISIONS

TITLE IV - CRIMES AGAINST THE INTERNATIONAL COMMUNITY

Article 273
(Prohibited means of combat)

A penalty of 10 to 15 years' imprisonment shall be imposed as punishment upon anyone who, in a situation of armed conflict, uses or orders the use of means or methods of combat that are prohibited or that are intended to cause unnecessary suffering or that are designed to cause serious, extensive and lasting damage to the environment, endangering the health or survival of large numbers of people.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME II - SPECIFIC PROVISIONS

TITLE IV - CRIMES AGAINST THE INTERNATIONAL COMMUNITY

Article 274

(Reprisals and threats of violence against the civilian population)

A penalty of eight to 15 years' imprisonment shall be imposed as punishment upon anyone who, in a situation of armed conflict or occupation, carries out or orders the carrying out of indiscriminate or excessive attacks, or the subjection of the civilian population to attacks, reprisals, acts, or threats of violence, with the aim of sowing terror, unless some more severe penalty applies pursuant to some other legal provision.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME II - SPECIFIC PROVISIONS

TITLE IV - CRIMES AGAINST THE INTERNATIONAL COMMUNITY

Article 276
(Destruction of monuments, holy places, and health facilities)

1. A penalty of three to eight years' imprisonment shall be imposed as punishment upon anyone who, in time of war, armed conflict or occupation, in violation of the applicable provisions of international law, destroys or seriously damages cultural, historical or scientific assets or monuments, or holy places, which constitute people's cultural or spiritual heritage, without such destruction or damage being necessary in military terms.

2. The same penalty shall be imposed upon anyone who, in identical circumstances, destroys or seriously damages health or humanitarian facilities.

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME II - SPECIFIC PROVISIONS

TITLE IV - CRIMES AGAINST THE INTERNATIONAL COMMUNITY

Article 277
(Destruction of civilian targets)

1. A penalty of two to six years' imprisonment shall be imposed as punishment upon anyone who, in time of war or armed conflict, attacks civilian assets or targets and destroys them or renders them unusable in a situation where such an operation does not offer a definite military advantage and such civilian assets or targets do not make an effective contribution to the enemy's military action.

2. The same penalty shall be imposed on anyone who, in the same circumstances, destroys, renders unusable or confiscates assets essential to the survival of the civilian population, provided that such assets are not being used by the enemy in direct support of military actions or as subsistence for members of the enemy's armed forces.