'Wilfully causing serious injury to health - IAC' in document 'Netherlands: International Crimes Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

§ 2. Crimes
Section 5
1. Anyone who commits, in the case of an international armed conflict, one of the grave breaches of the Geneva Conventions, namely the following acts if committed against persons protected by the said Conventions:
(c) intentionally causing great suffering or serious injury to body or health;
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.

§ 2. Crimes

Section 5

2. Anyone who commits, in the case of an international armed conflict, one of the grave breaches of the Additional Protocol (I), concluded in Bern on 12 December 1977, to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts (Netherlands Treaty Series 1980, 87), namely:

(b) any intentional act or omission which jeopardises the health of anyone who is in the power of a party other than the party to which he or she belongs, and which:

(i) entails any medical treatment which is not necessary as a consequence of the state of health of the person concerned and is not consistent with generally accepted medical standards which would be applied under similar medical circumstances to persons who are nationals of the party responsible for the acts and who are in no way deprived of their liberty;

§ 2. Crimes

Section 5

7. Subsection 2 (b) (iv) shall not apply if the act described therein:

(a) is consistent with the generally accepted medical standards which would be applied under similar medical circumstances to persons who are nationals of the party responsible for the acts and who are in no way deprived of their liberty; or

(b) concerns a case in which blood is donated for transfusion or skin for transplantation, provided that this occurs voluntarily and without compulsion or insistence and only for therapeutic purposes, in circumstances that are in keeping with generally accepted medical standards and supervisory measures intended to protect the interests of both donor and recipient.

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:
(iii) Wilfully causing great suffering, or serious injury to body or health

ANALYSIS

This provision follows the ICC Statute.