Serbia

Criminal Code

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

War Crimes against Civilian Population
Article 372

(1) Whoever in violation of international law at time of war armed conflict or occupation orders an attack on civilian population, settlement, particular civilians, persons incapacitated for combat or members or facilities of humanitarian organisations or peace mission ; wanton attack without target selection harming civilian population or civilian buildings under special protection of international law ; attack against military targets knowing that such attack would cause collateral damage among civilians or damage to civilian buildings that is obviously disproportionate with the military effect ; ordering against civilian population inflicting of bodily injury, torture, inhumane treatment, biological, medical or other research experiments, or taking of tissue or organs for transplantation or performing other acts causing harm to health or inflicting great suffering or who orders deportation or relocation or forced change of nationality or religion ; forcing to prostitution or rape ; applying intimidation and terror measures, taking of hostages, collective punishment, unlawful depriving of freedom and detention ; depriving of the rights to a fair and impartial trial ; proclaiming the rights and acts of enemy nationals prohibited, suspended or non-allowed in court proceedings ; compelling into service of a hostile power or its intelligence or administration services ; compelling to military service persons under seventeen years of age ; forced labour ; starving of population ; unlawful seizure, appropriation or destruction of property not justified by military necessity ; taking unlawful and disproportionate contributions and requisitions; devaluing of local currency or unlawful issuing of currency, or whoever commits any of the above offences,
shall be punished by imprisonment of minimum five years.

(2) The penalty specified in paragraph 1 of this Article shall be imposed to whoever, in violation of international law at time of war, armed conflict or occupation, orders : attack on facilities particularly protected under international law and installations and facilities with dangerous power such as dams, embankments and nuclear power plants ; strikes against civilian facilities under special protection of international law, undefended places and demilitarised zones; long-term and extensive damage to environment that may be detrimental to health of persons or survival of population or whoever commits any of these offences.

(3) Whoever at time of war, armed conflict or occupation orders murder of civilian population or whoever commits such offence,
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.

(4) Whoever, in violation of the rules of international law at time of war, armed conflict or occupation, as an occupying power orders or undertakes relocation of part of its civilian population to occupied territories,
shall be punished by imprisonment of minimum five years.

(5) Whoever threatens to commit any of the offences specified in paragraphs 1 and 2 of this Article, shall be punished by imprisonment of six months to five years.

War Crimes Against the Wounded and Sick
Article 373

(1) Whoever in violation of international law at time of war, armed conflict or occupation orders inflicting bodily injuries, torture, inhuman treatment, biological, medical or other research experiment, taking of tissue or body organs for transplantation or other acts causing harm to health or serious suffering against the wounded, sick, shipwrecked or medical staff or religious staff, or orders destroying or appropriation of large extent of materials, medical transportation means and stocks of medical institutions or units that is not justified by military necessity or whoever commits any of the above offences,
shall be punished by imprisonment of minimum five years.

(2) Whoever at time of war, armed conflict or occupation orders murder of civilian population or whoever commits such offence,
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.

War Crimes against Prisoners of War
Article 374

(1) Whoever in violation of international law orders injury, torture, inhuman treatment, biological, medical or other research experiments, taking of tissues or body organs for transplantation or commission of other acts harmful to health and causing serious suffering against prisoners of war, or compels prisoners of war to service in forces of a hostile power or deprives them of the rights to fair and regular trial ; or whoever commits any of such offences,
shall be punished by imprisonment of minimum five years.

(2) Whoever orders murder of prisoners of war or whoever commits such an offence,
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.

Keywords

War crimes



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