CAMBODIA – PENAL CODE
BOOK 2 - CRIMES AGAINST PERSONS
TITLE 1 - GENOCIDE, CRIMES AGAINST HUMANITY, WAR CRIMES
CHAPTER 3 - WAR CRIMES
Article 193: Definition of war crimes
"War crime" shall mean any of the following acts directed against persons or property protected by the provisions of the Geneva Conventions of 12 August 1949:
(1) murder;
(2) torture or other inhuman treatment including biological experiments;
(3) wilfully causing great suffering, or serious injury to body or health;
(4) extensive destruction or appropriation of property, not justified by military necessity and carried out unlawfully and wantonly:
(5) compelling a prisoner of war or a civilian to serve in the forces of a hostile power;
(6) depriving a prisoner of war or a civilian of the rights of fair and regular trial;
(7) unlawful deportation, transfer or confinement of a civilian;
(8) taking of civilian hostages.
Article 194: Other war crimes
Any of the following acts also constitutes a war crime if it is committed during an international or non-international armed conflict:
(1) employing poisonous weapons or other weapons calculated to cause unnecessary suffering:
(2) intentionally attacking or bombarding, by whatever means, undefended towns, villages, dwellings or buildings which are not military objectives:
(3) intentionally attacking personnel or material involved in a humanitarian mission in accordance with the Charter of the United Nations:
(4) intentionally starving civilians by depriving them of objects indispensable to their survival;
(5) utilizing civilians to render certain buildings, areas of the territory or military forces immune from military operations;
(6) intentionally destroying or damaging buildings dedicated to religion, charitable purposes, education, art, science, historic monuments, artistic works or scientific works;
(7) causing widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct military advantage anticipated:
(8) plunder of public or private property.
Article 195: Penalty
A war crime shall be punishable by life imprisonment.
Article 196: Planning or war crimes
Participation in a group formed or in a conspiracy to plan a war crime shall be punishable by imprisonment from twenty to thirty years.
The planning must be characterised by one or more material acts.
Article 197: Additional penalties (nature and duration)
The following additional penalties may be imposed in respect of the felonies defined in this Chapter:
(1) forfeiture of certain rights, either permanently or for a period not exceeding five years:
(2) prohibition from practising a profession in the practice of or in connection with which the offence was committed, either permanently or for a period not exceeding five years;
(3) local exclusion for a period not exceeding ten years;
(4) prohibition from leaving the territory of the Kingdom of Cambodia for a period
(5) prohibition of a convicted alien from entering and remaining in the territory of the Kingdom of Cambodia, either permanently or for a period not exceeding five years;
(6) confiscation of any instruments, materials or items which were used or intended to be used to commit the offence;
(7) prohibition from possessing or carrying any weapon, explosive or ammunition of any kind, either permanently or for a period not exceeding Live years;
(8) publication of sentencing decision for a period not exceeding two months:
(9) publication of sentencing decision in the print media;
(10) broadcasting of sentencing decision by any audio-visual communication for a period not exceeding eight days.
Article 198: Criminal responsibility of legal entities
Legal entities may be found criminally responsible under Article 42 (Criminal responsibility of legal entities) of this Code for the offences defined in Article 193 (War crimes), Article 194 (Other war crimes) and Article 196 Planning of war crimes) of this Code.
Legal entities shall be punishable by a Fine from fifty million to five hundred million Riels and by one or more of the following additional penalties:
(1) dissolution pursuant to Article 170 (Dissolution and liquidation of legal entities) of this Code:
(2) placement under judicial supervision pursuant to Article 171 (Placement under judicial supervision) of this Code:
(3) prohibition from exercising one or more activities pursuant to Article 172 (Prohibition from carrying on activities) of this Code:
(4) disqualification from public tenders pursuant to Article 173 (Disqualification from public tenders) of this Code;
(5) prohibition from making a public offering pursuant to Article 174 (Prohibition from making a public offering) of this Code;
(6) publication of sentencing decision pursuant to Article 180 (Publication of decisions) of this Code;
(7) publication of sentencing decision in the print media or broadcasting of sentencing decision by any audio-visual communication pursuant to Article 181 (Broadcasting of decision by audiovisual communication) of this Code.
EDIT.