PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

Article 7
Genocide

Anyone who, with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Kills members of the group,
(b) Causes serious bodily or mental harm to members of the group (art. 310 par. 2 of the Cr.C.),
(c) Deliberately inflicts on the group conditions of life calculated to bring about its physical destruction in whole or in part,
(d) Imposes measures intended to prevent births within the group,
(e) Forcibly transfers children of the group to another group, thus creating by himself or in co-perpetration with others danger for the existence of this group, shall be sentenced: (i) in case of
subpar. (a) with the penalty of life imprisonment (ii) in cases of subpar. (b) —(e) with a term of incarceration from 5-20 years. If the commission of the act resulted to the death of a person, a term of incarceration of at least 10 years of duration shall be imposed.

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

Article 8
Crimes against humanity
2. In cases of the crimes proscribed in subpar. (b)-(i) of the preceding par., if they result to
the death of a person, the following sentences shall be imposed:

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:

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).

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

Art. 11
War crimes against humanitarian operations and distinctive emblems

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.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 78
Determination of the sentence
1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).