PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

1. GENERAL PART

Article 5:
Superior orders and proscription of law

2. Crimes included in art. 9-15 of the present Law, following the execution of an order issued according to the lawful procedure by the competent authority, shall be exempt from criminal punishment, provided that the person did not know that the order was unlawful and the order was not manifestly unlawful. In this case, the person who issued the order shall be punished as the perpetrator of the crime.

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

Art. 9
War crimes against persons

1. Anyone who, in connection with an international or non international armed conflict:

a) Commits willful killing of a person protected according to the provisions of international humanitarian law,
b) Takes as hostage a person protected according to the provisions of international humanitarian law,
c) Subjects to torture or inhuman treatment (art. 137A Cr.C.) a person protected according to the provisions of international humanitarian law,
d) Commits rape (art. 336 Cr. C.) or enforced prostitution (art. 349 Cr. C.) or enforced sterilization against a person protected according to the provisions of international humanitarian law, or unlawfully confines a woman made pregnant forcibly or with the use of threat of force, with the intent of affecting the ethnic composition of any population,
e) Conscripts children under the age of fifteen years or enlists them into armed forces or groups or coerces them to participate actively in hostilities,
f) Displaces persons protected according to the provisions of international humanitarian law or forces them to move from the place they lawfully reside to another state or region, by deporting them or with the employment of other coercive means prohibited by international law, unless the security of the civilians involved or imperative military reasons so demand,
g) Imposes or carries out against persons protected according to the provisions of international humanitarian law the death sentence or sentences entailing deprivation of liberty or other sentences of comparable gravity, without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable,
h) Willfully endangers loss of life or serious injury to body or health of a person protected according to the provisions of international humanitarian law by:
(aa) Subjecting him/her to experiments which are neither justified on medical grounds nor carried out in his or her interest, without the free and express consent of the person concerned,
(bb) Removing from him/her tissues or organs in order to be used for transplants, with the exception of blood or skin which are to be used for therapeutic purposes, according to the generally accepted medical standards, without the prior free and express consent of this person,
(cc) Applying therapeutic methods not endorsed scientifically, in the absence of any
relevant medical necessity without the prior free and express consent of this person, shall be sentenced in the case of subpar. (a) to life imprisonment and in the rest of the cases to a term of incarceration of 10 years minimum (10-20 years).

2. Anyone who, in relation with an international or non international armed
conflict wounds a member of the adverse armed forces or a combatant of the adverse party who, having laid down his arms or having no longer means of defence, has surrendered at discretion, shall be sentenced to a term of incarceration (5-20 years).

3. Anyone who in connection with an international armed conflict:
(a) Unlawfully confines a person protected by international humanitarian law or unduly delays his/ her repatriation,
(b) As a member of the Occupying Power, transfers parts of the civilian population into the territory under occupation,
(c) Compels a person protected by international humanitarian law with force or with threat of force to serve in the armed forces of a hostile power or to take part in military operations against his/her country, shall be sentenced to a term of incarceration (5-20 years).


Art. 10
War crimes against property and other rights

1. Anyone who, in the context of an international or non international armed conflict,
pillages or in any way destroys extensively, objects belonging to the adverse party and have been transferred to the possession of his/her party or seizing the property of an adversary, shall be sentenced to a term of incarceration up to 10 years, unless such destruction or seizure be imperatively demanded by the necessities of the conflict.

2. Anyone who, in the context of an international armed conflict, contrary to the provisions
of international law, declares abolished, suspended or inadmissible in a court of law the rights and claims of the whole or of a significant part of the population of the adversary, shall be sentenced to a term of incarceration up to 10 years.


Art. 11
War crimes against humanitarian operations and distinctive emblems

1. Anyone who, in the context of an international or non international armed conflict:
a) Intentionally directs attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict,
b) Intentionally directs attacks against buildings, material, medical units and transport and personnel using the distinctive emblems of the Geneva Conventions in conformity with international humanitarian law,
shall be sentenced to a term of incarceration (5-20 years).

2. Anyone who, in the context of an international or non international armed conflict makes
improper use of a flag of truce, of the flag or the military insignia and uniform of the United Nations, as well as of the distinctive emblems of the Geneva Conventions and by this way commits willful killing, shall be sentenced to life imprisonment. In the case of willfully causing grave bodily harm (art. 310 par. 2 Cr.C.), he/she shall be sentenced to a term of incarceration (5¬20 years).


Art. 12
War crimes concerning the use of prohibited methods of warfare.

1. Anyone who, in the context of an international or non international armed conflict:
a) Intentionally directs attacks against the civilian population as such or against individual civilians not taking direct part in hostilities,
b) Intentionally directs attacks against civilian objects, for as long as they are protected as such by the provisions of international humanitarian law, especially buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, towns, villages, dwellings or buildings which are undefended or demilitarized zones as well as installations and infrastructure containing dangerous forces,
c) Intentionally launches an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
d) Utilizes persons protected by international humanitarian law as human shields, in order to dissuade the enemy from launching an attack against certain targets,
e) Intentionally uses starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under international humanitarian law,
f) As a commander, declares that no quarter will be given or orders that there should be no survivors, thus causing to another person terror and anxiety,
g) Kills or causes grave bodily harm (art. 310 par. 2 Cr. C.) to persons belonging to the adversary armed forces or combatants of the adversary, making misuse of their trust which he/she has treacherously secured for this purpose,
shall be sentenced to a term of incarceration (5-20 years), unless a more severe penalty applies according to other relevant penal provisions.


Art. 13
War crimes concerning the employment of prohibited means of warfare

1. Anyone who, in the context of an international or non international armed conflict
employs:
a) poison or poisoned weapons,
b) biological or chemical weapons or
c) bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions, in a way that is likely to cause danger to a person,
shall be sentenced to a term of incarceration up to 10 years.

2. If the act of par. 1 results to grave bodily harm (art. 310 par. 2 Cr.C.) or to the death of a
civilian protected by international humanitarian law, a term of incarceration of at least 10 years shall be imposed.

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(c) War crimes

Article 8
War crimes
1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
2. For the purpose of this Statute, "war crimes" means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
(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:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
(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;
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
(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:
(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(iii) Taking of hostages;
(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.
(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(v) Pillaging a town or place, even when taken by assault;
(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;
(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
(ix) Killing or wounding treacherously a combatant adversary;
(x) Declaring that no quarter will be given;
(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;
(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.