'Taking of hostages - NIAC' in document 'Belgium: Serious Violations of International Humanitarian Law '

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II AMENDMENTS TO THE CRIMINAL CODE
Article 8
An article 136 quater shall be inserted into the same Title and shall read as follows:

“Article 136 quater
1. The war crimes enumerated below, as referred to in the Geneva Conventions of 12 August 1949 and in their First and Second Additional Protocols, adopted at Geneva on 8 June 1977, in the laws and customs applicable to armed conflict, as defined in article 2 of the Geneva Conventions of 12 August 1949, in article 1 of the First and Second Additional Protocols to these Conventions, adopted in Geneva on 8 June 1977, and in article 8, paragraph 2(f) of the Statute of the International Criminal Court, constitute crimes under international law and shall be punished in accordance with the provisions of this Title, without prejudice to the provisions of criminal law applicable to offences of negligence, if by the action or omission such crimes infringe the protection guaranteed to persons and property under the said Conventions, Protocols, laws and customs:
(11) taking of hostages

CHAPTER II AMENDMENTS TO THE CRIMINAL CODE
Article 8
An article 136 quater shall be inserted into the same Title and shall read as follows:

“Article 136 quater
2. Grave breaches of article 3 common to the Geneva Conventions of 12 August 1949 committed in the case of an armed conflict as defined in the said article 3 and enumerated below, if by the act or omission these violations infringe the protection guaranteed to persons under the said Conventions constitute crimes under international law and shall be punished in accordance with the provisions of this Title, without prejudice to provisions of criminal law applicable to offences of negligence:
(3) taking of hostages

RELEVANT ROME STATUTE PROVISIONS

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:
(iii) Taking of hostages