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:

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,

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

Art. 9
War crimes against persons

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).

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

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.

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

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).

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

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,

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

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:

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,

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(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