'Not affording judicial guarantees to the passing of sentences and the carrying out of executions - 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 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:
2nd. Destroys or damages, violating the rules of international law applicable to armed conflicts, non-military ships or aircraft of an adversary or a neutral party unnecessarily and without warning and without taking the necessary measures to protect the security of personnel and the conservation of documentation on board.

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:
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.