'Attacking or bombarding towns, villages, dwellings or buildings which are undefended and which are not military objectives - IAC' in document 'Belgium: Serious Violations of International Humanitarian Law '

Jump to:

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:
(24) attacking or bombarding, by whatever means, demilitarised zones, or towns, villages, dwellings or buildings which are undefended and which are not military objectives

RELEVANT ROME STATUTE PROVISIONS

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:
(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or
buildings which are undefended and which are not military objectives