'National penalties - war crimes' in document 'Bosnia and Herzegovina- Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

War Crimes against Civilians
Article 173

(1) Whoever in violation of rules of international law in time of war, armed conflict or occupation, orders or perpetrates any of the following acts:
a) Attack on civilian population, settlement, individual civilians or persons unable to fight, which results in the death, grave bodily injuries or serious damaging of people’s health;
b) Attack without selecting a target, by which civilian population is harmed;
c) Killings, intentional infliction of severe physical or mental pain or suffering upon a person (torture), inhuman treatment, biological, medical or other scientific experiments, taking of tissue or organs for the purpose of transplantation, immense suffering or violation of bodily integrity or health;
d) Dislocation or displacement or forced conversion to another nationality or religion;
e) Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape) or forcible prostitution, application of measures of intimidation and terror, taking of hostages, imposing collective punishment, unlawful bringing in concentration camps and other illegal arrests and detention, deprivation of rights to fair and impartial trial, forcible service in the armed forces of enemy’s army or in its intelligence service or administration;
f) Forced labour, starvation of the population, property confiscation, pillaging, illegal and self-willed destruction and stealing on large scale of property that is not justified by military needs, taking an illegal and disproportionate contribution or requisition, devaluation of domestic money or the unlawful issuance of money,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

(2) The punishment referred to in paragraph 1 of this Article shall be imposed on whomever in violation
of rules of international law, in the time of war, armed conflict or occupation, orders or perpetrates any of the following acts:
a) Attack against objects specifically protected by the international law, as well as objects and facilities with dangerous power, such as dams, embankments and nuclear power stations;
b) Targeting indiscriminately of civilian objects which are under specific protection of international law, of non-defended places and of demilitarised zone;
c) Long-lasting and large-scale environment devastation, which may be detrimental to the health or survival of the population.

(3) Whoever in violation of the rules of international law applicable in the time of war, armed conflict or occupation, orders or carries out as an occupier the resettlement of parts of his civilian population into the occupied territory,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.


War Crimes against the Wounded and Sick
Article 174

Whoever, in violation of the rules of international law in the time of war or armed conflict, orders or perpetrates in regard to wounded, sick, shipwrecked persons, medical personnel or clergy, any of the following acts:
a) Depriving another persons of their life (murders), intentional infliction of severe physical or mental pain or suffering upon persons (tortures), inhuman treatment, including therein biological, medical or other scientific experiments, taking of tissue or organs for the purpose of transplantation;
b) Causing of great suffering or serious injury to bodily integrity or health;
c) Unlawful and arbitrary destruction or large-scale appropriation of material, means of medical transport and stocks of medical facilities or units which is not justified by military needs,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.


War Crimes against Prisoners of War
Article 175

Whoever, in violation of the rules of international law, orders or perpetrates in regard to prisoners of war any of the following acts:
a) Depriving another persons of their life (murders), intentional infliction of severe physical or mental pain or suffering upon persons (tortures), inhuman treatment, including therein biological, medical or other scientific experiments, taking of tissue or organs for the purpose of transplantation;
b) Causing of great suffering or serious injury to bodily integrity or health;
c) Compulsive enlistment into the armed forces of an enemy power, or deprivation of the right to a fair and impartial trial,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

Unlawful Killing or Wounding of the Enemy
Article 177

(1) Whoever in violation of the rules of international law in the time of war or armed conflict kills or wounds an enemy who has laid down arms or unconditionally surrendered or has no means for the defence,
shall be punished by imprisonment for a term between one and ten years.
(2) If the killing referred to in paragraph 1 of this Article has been perpetrated in a cruel or insidious way, out of greed or from other low motives, or if more persons have been killed, the perpetrator
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.
(3) Whoever, in violation of the rules of international law at the time of war or armed conflict, orders that there be no surviving enemy soldiers in a fight, or whoever fights against the enemy on such basis,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

Marauding the Killed and Wounded at the Battlefield
Article 178

(1) Whoever orders the unlawful appropriation of belongings from the killed or wounded on battlefield, or who carries out such appropriation,
shall be punished by imprisonment for a term between six months and five years.
(2) If the criminal offence referred to in paragraph 1 of this Article has been perpetrated in a cruel manner, the perpetrator
shall be punished by imprisonment for a term between one and ten years .

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

Violating the Laws and Practices of Warfare
Article 179

(1) Whoever in time of war or armed conflict orders the violation of laws and practices of warfare, or whoever violates them,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.
(2) Violations of laws and practices of warfare referred to in paragraph 1 of this Article shall include:
a) Use of poison gases or other lethal substances or agents with the aim to cause unnecessary suffering;
b) Ruthless demolition of cities, settlements or villages or devastation or ravaging not justified by military needs;
c) Attack or bombarding by any means of undefended cities, villages, residences or buildings;
d) Confiscation, destruction or deliberate damaging of establishments devoted to for religious, charitable or educational purposes, science and art; historical monuments and scientific and artistic work;
e) Plundering and looting of public and private property.

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

Violating the Protection Granted to Bearers of Flags of Truce
Article 181

Whoever in violation of the rules of international law in time of war or armed conflict insults, maltreats or detains the bearer of the flag of truce or his escort, or prevents them from returning, or in any other way violates their privilege of inviolability,
shall be punished by imprisonment for a term between six months and five years .

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

Unjustified Delay of the Repatriation of Prisoners of War
Article 182

Whoever, in violation of the rules of international law, after the termination of a war or armed conflict, orders or conducts an unjustifiable delay in the repatriation of prisoners of war or civilians,
shall be punished by imprisonment for a term between six months and five years.

Destruction of Cultural, Historical and Religious Monuments
Article 183

(1) Whoever, in violation of the rules of international law at the time of war or armed conflict, destroys cultural, historical or religious monuments, buildings or establishments devoted to science, art, education, humanitarian or religious purpose,
shall be punished by imprisonment for a term between one and ten years.
(2) If a clearly distinguishable object, which has been under special protection of the international law as people’s cultural and spiritual heritage, has been destroyed by the criminal offence referred to in paragraph 1 of this Code, the perpetrator
shall be punished by imprisonment for a term not less than five years.

Misuse of International Emblems
Article 184

(1) Whoever misuses or carries without authorisation the flag or emblem of the Organisation of the United Nations, or the emblem or flags of the Red Cross, or symbols corresponding to them, or any other international symbols recognised as the protection of certain objects from military operations,
shall be punished by a fine or imprisonment for a term not exceeding three years.
(2) Whoever perpetrates the criminal offence referred to in paragraph 1 of this Article during a state of war or imminent war danger,
shall be punished by imprisonment for a term between six months and five years.