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'Employing weapons, projectiles and materials and methods of warfare which are inherently indiscriminate - IAC' in document 'Portugal: Adaptation of Criminal Legislation '

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More information about the document 'Portugal: Adaptation of Criminal Legislation '
The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter II
Crimes

Section II
War crimes

Article 12
War crimes involving the employment of prohibited means of warfare

1. Anyone who, in the context of an international armed conflict or a non-international armed conflict, employs 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, shall be punished with a term of imprisonment of 10 to 25 years.

2. The preceding paragraph relates, in particular, to the employment of:

(d) Anti-personnel mines in violation of the provisions of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, ratified by Decree of the President of the Republic No. 64/99 of 28 January;
(e) Chemical weapons in violation of the provisions of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, ratified by Decree of the President of the Republic No. 25-C/96 of 23 July;
(f) Weapons the primary effect of which is to injure by fragments which in the human body escape detection by X-rays, in violation of the provisions of Protocol I Additional to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, concerning non-detectable fragments, ratified by Decree of the President of the Republic No. 1/97 of 13 January;
(g) Incendiary weapons, in violation of the provisions of Protocol III Additional to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, concerning prohibitions or restrictions on the use of incendiary weapons, ratified by Decree of the President of the Republic No. 1/97 of 13 January;
(h) Laser weapons that cause blindness, in violation of the provisions of Protocol IV Additional to the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, concerning blinding laser weapons, ratified by Decree of the President of the Republic No. 38/2001 of 13 July.

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:
(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