'Non-prejudice to national law' 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
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:
(1) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(2) committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(3) taking of hostages;
(4) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.

RELEVANT ROME STATUTE PROVISIONS

Article 80
Non-prejudice to national application of penalties and national laws
Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part.