'Employing weapons, projectiles and materials and methods of warfare which are inherently indiscriminate - IAC' 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 610
In the event of an armed conflict, anyone who uses or orders the use of methods or means of warfare that are prohibited, or whose objective purpose is to cause unnecessary suffering or additional harm, as well as those that are intended to cause, or can be reasonably expected to cause, widespread, long-lasting, and grave damage to the natural environment, affecting the health or survival of the population, or orders there to be no quarter, shall be sentenced to ten to fifteen years’ imprisonment, which shall be in addition to any sentence imposed for the damage caused.

TITLE XXIV
Offences against the International Community

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

Article 611
In the event of an armed conflict, a sentence of ten to fifteen 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:
1st. Carries out or orders the carrying out of indiscriminate or excessive attacks or makes the civilian population the target of attacks, retaliation or acts or threats of violence whose principal aim is to terrorise them.

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:
(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123