§ 2. Crimes
Section 5
4. Anyone who, in the case of an international armed conflict, intentionally and unlawfully commits one of the following acts shall be liable to a term of imprisonment not exceeding fifteen years or a fifth category fine:
(a) making the object of attack cultural property that is under enhanced protection as referred to in articles 10 and 11 of the Second Protocol, concluded in The Hague on 26 March 1999, to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict (Netherlands Treaty Series 1999, 107);
(b) using cultural property that is under enhanced protection as referred to in (a) or the immediate vicinity of such property in support of military action;
(c) destroying or appropriating on a large scale cultural property that is under the protection of the Convention, concluded in The Hague on 14 May 1954, for the Protection of Cultural Property in the Event of Armed Conflict (Netherlands Treaty Series 1955, 47) or the Second Protocol thereto;
(d) making cultural property that is under protection as referred to in (c) the object of attack; or
(e) theft, pillaging or appropriation of – or acts of vandalism directed against – cultural property under the protection of the Convention referred to in (c).

5. Anyone who, in the case of an international armed conflict, commits one of the following acts:
(a) intentionally directing attacks against civilian objects, that is, objects that are not military objectives;
(b) intentionally launching an attack in the knowledge that such an 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;
(c) attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
(d) 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 part of the population of the occupied territory within or outside this territory;
(e) declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
(f) 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;
(g) employing poison or poisoned weapons;
(h) employing asphyxiating, poisonous or other gases and all analogous liquids, materials or devices;
(i) 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;
(j) committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(k) utilising the presence of a civilian or other protected person to render certain points, areas, or military forces immune from military operations;
(l) 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;
(m) intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(n) 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;
(o) intentionally directing attacks against personnel, installations, material, units or vehicles involved in humanitarian assistance or peace missions 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;
(p) 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;
(q) pillaging a town or place, even when taken by assault;
(r) conscripting or enlisting children under the age of fifteen years into the national armed forces or armed groups or using them to participate actively in hostilities;
(s) declaring that no quarter will be given; or
(t) destroying or seizing property of the adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;
shall be liable to a term of imprisonment not exceeding fifteen years or a fifth category fine.

6. If an act as referred to in subsection 4 or 5:
(a) results in the death of or serious bodily injury to another person or involves rape;
(b) involves violence, committed in association, against one or more persons or violence against a dead, sick or wounded person;
(c) involves destroying, damaging, rendering unusable or removing, in association with others, any property which belongs wholly or partly to another;
(d) involves compelling, in association with others, another person to do, refrain from doing or permit something;
(e) involves pillaging, in association with others, a town or place, even when taken by assault;
(f) involves breaking a promise or breaching an agreement concluded with the adverse party as such; or
(g) involves making improper use of a by the laws and customs protected flag or emblem or of the military insignia and uniform of the enemy,
the perpetrator shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.