Serbia

Criminal Code

GENERAL PART

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

Unlawful Killing and Wounding of Enemy
Article 378

(1) Whoever in violation of international law at time of war or armed conflict kills or wounds an enemy who has laid down his weapons or has surrendered unconditionally or has no means of defence,
shall be punished by imprisonment of one to fifteen years.

(2) If the murder specified in paragraph 1 of this Article is committed in a perfidious
manner or from base motives, the offender shall be punished by imprisonment of minimum ten years.

(3) If the murder specified in paragraph 1 of this Article is committed in a cruel manner or for gain or if several persons have been killed, the offender shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.

(4) The penalty specified in paragraph 3 of this Article shall be imposed also on whoever by violation of rules of international law in times of war or armed conflict orders that no enemy may be taken alive or conducts operations with such aim.

Keywords

War crimes
Denial of quarter - IAC
Denial of quarter - NIAC
Killing or wounding a combatant who has laid down his arms and surrendered at discretion - IAC
Killing or wounding a combatant who no longer has means of defence and has surrendered at discretion - IAC
Killing or wounding treacherously a combatant adversary - NIAC
Killing or wounding treacherously individuals belonging to the hostile nation or army - IAC
Murder - NIAC
Wilful killing - IAC
National penalties - war crimes
National penalties - maximum penalty



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