TITLE 18—CRIMES AND CRIMINAL PROCEDURE

CHAPTER 118—WAR CRIMES

§ 2441. War crimes

(c) (3) which constitutes a grave breach of com-mon Article 3 (as defined in subsection (d)) when committed in the context of and in asso-ciation with an armed conflict not of an inter-national character; or

TITLE 18—CRIMES AND CRIMINAL PROCEDURE

CHAPTER 118—WAR CRIMES

§ 2441. War crimes

(d) COMMON ARTICLE 3 VIOLATIONS.—
(1) PROHIBITED CONDUCT.—In subsection (c)(3), the term “grave breach of common Arti-cle 3” means any conduct (such conduct con-stituting a grave breach of common Article 3 of the international conventions done at Gene-va August 12, 1949), as follows:

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.