'Destroying or seizing the enemy's property unless imperative - IAC' in document 'Spain - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XXIV
Crimes against the International Community

CHAPTER III
On crimes against protected persons and assets in the event of armed conflict

Article 613

1. Whoever perpetrates or orders any of the following actions during an armed conflict shall be punished with a sentence of imprisonment from four to six years :

d) Attacks or makes assets of a civil nature of the adversary a target for reprisals or acts of hostility, when this does not provide, under the circumstances of the case, a defined military advantage, or when those assets do not contribute effectively to the military action of the adversary ;

e) Attacks, destroys, removes or puts assets that are indispensable for survival of the civilian population out of service, except if the adversary uses those assets to directly support military action, or exclusively as a means of subsistence for members of its armed forces ;

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XXIV
Crimes against the International Community

CHAPTER III
On crimes against protected persons and assets in the event of armed conflict

Article 613

1. Whoever perpetrates or orders any of the following actions during an armed conflict shall be punished with a sentence of imprisonment from four to six years :

g) Destroys, damages or seizes, without military need, items that do not belong to him, obliging another to hand them over or perpetrating any other acts of pillage ;

h) Unduly or unnecessarily confiscates moveable personal or real property in the occupied territory or destroys non- military ships or aircraft and their cargo, of an adversary or neutral party, or captures them in breach of the applicable international provisions on armed conflicts at sea ;

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:
(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war