'Destroying or seizing the enemy's property unless imperative - NIAC' in document 'Spain: Provisions of Criminal Code implementing RS'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE XXIV
Offences against the International Community

CHAPTER III
Offences against Protected Persons and Property in the Event of Armed Conflict

Article 612
In the event of an armed conflict, a sentence of three to seven years’ imprisonment, which shall be in addition to any sentence imposed for the damage or injury caused, shall be imposed on anyone who does any of the following:
7th. Dispossesses the dead, the wounded, the sick, the shipwrecked, prisoners of war or imprisoned civilians, of their personal effects.

TITLE XXIV
Offences against the International Community

CHAPTER III
Offences against Protected Persons and Property in the Event of Armed Conflict

Article 613
1. In the event of an armed conflict, a sentence of four to six years’ imprisonment shall be imposed on anyone who does, or orders to be done, any of the following:
e) Destroys, damages or takes possession of, without any military need, objects that do not belong to him or her, obliges another to give up such objects or carries out any other act of pillage.

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(e) Other serious violations of the laws and customs applicable in armed conflicts not of
an international character, within the established framework of international law, namely, any of
the following acts:
(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict.