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Article 8
War crimes
2. For the purpose of this Statute, ‘war crimes’ means:
(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.
| State | Provisions |
| Croatia | [1] [2] [3] |
| Estonia | [1] |
| Lesotho | [1] |
| Spain | [1] [2] |