'Killing or wounding a combatant who has laid down his arms and surrendered at discretion - 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 609

Whoever, during an armed conflict, physically abuses or seriously endangers the life, health or integrity of any protected persona, subjects him to torture or inhumane treatment, including biological experiments, causes him serious suffering or subjects him to any medical act that is not in keeping with his state of health, nor according to the generally recognised medical standards that the Party responsible would apply to its own nationals not detained under similar medical circumstances, shall be punished with a sentence of imprisonment from four to eight years, without prejudice to the punishment that might be appropriate for the damaging results caused.

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:
(vi) Killing or wounding a combatant who, having laid down his arms or having no
longer means of defence, has surrendered at discretion