'Killing or wounding a combatant who no longer has means of defence and has surrendered at discretion - IAC' in document 'Portugal: Adaptation of Criminal Legislation '

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter II
Crimes

Section II
War crimes

Article 10
War crimes against persons

1. Anyone who, in the context of an international armed conflict or a non-international armed conflict, commits any of the following acts against a person protected by international humanitarian law:

(e) Killing or wounding a combatant who has laid down his or her arms or who, no longer having any means of defence, has surrendered unconditionally or has been placed hors de combat by any cause;

shall be punished with a term of imprisonment of 10 to 25 years.

Chapter II
Crimes

Section II
War crimes

Article 11
War crimes involving the employment of prohibited methods of war

Anyone who, in the context of an international armed conflict or a non-international armed conflict:

(j) Commits perfidy, which means the act of killing, injuring or capturing by inviting, with intent to betray, the confidence of an adversary that he or she is entitled to, or is obliged to accord, protection under rules of international humanitarian law;

shall be punished with a term of imprisonment of 10 to 25 years.

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:
(vi) Killing or wounding a combatant who, having laid down his arms or having no
longer means of defence, has surrendered at discretion