§ 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:

(ii) entails the carrying out on the person concerned, even with his consent, of physical mutilations;

§ 2. Crimes
Section 5
3. Anyone who commits, in the case of an international armed conflict, one of the following acts:
(c) subjecting persons who are in the power of an adverse party to the conflict to physical mutilation or 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 persons or persons;
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.

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:
(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

This provision is wider than the ICC Statute.

The Dutch International Crimes Act has two provisions dealing with mutilation. One uses exactly the same wording as the Rome Statute. The other one, however, mirrors art. 11(2) of Additional Protocol I, which does not require that the mutilation causes death or seriously endanger the health of victims, (as required under the Rome Statute) and specifies that the consent of the victim is not relevant for the punishability of the conduct.