Special Part
Section 13.
Crimes against peace and human security
Chapter 33.
Crimes against peace and human security
Article 390. Serious breach of international humanitarian law during armed conflicts.
1. The following serious violations of international humanitarian norms during armed conflict against persons not immediately engaged in military actions or defenseless persons, the injured, ill, medical personnel or clergy, sanitary units or sanitary means of transportation, POWs, civilians, civil population, refugees, protected persons or other protected persons during military actions :
1) murder,
2) torture and inhuman treatment, including biological experiments ;
3) willfully inflicted serious sufferance or other actions threatening man’s physical or mental state, is punished with imprisonment for 8-15 years, or for life.
2. The committal of the following acts seriously violating international norms with respect to persons and facilities mentioned in part 1 of this Article :
1) inflicting damage to health,
2) forcing a protected person or POW to serve in the opponent army,
3) deprivation of a protected person or POW from impartial court trial,
4) illegal deportation, removal and arrest of a protected person, or deprivation of freedom otherwise,
5) taking hostages,
6) illegal, willful destruction or realization of property not caused by military necessity, is punished with imprisonment for 5-12 years.
3. The following acts seriously breaching international humanitarian norms, causing grave damage to human physical or mental state during armed conflicts :
1) assault on civilian population or individual civilians ;
2) not selective assault which inflicts damage to the civilian population or civilian facilities, if it is obvious that such assault will cause large losses amongst civilians or extremely large losses to civilian facilities, if such damages are redundant for the achievement of specific and immediate military supremacy ;
3) assault on facilities and equipment containing hazardous forces, if it is obvious that the assault will cause extremely large damage to civilian facilities, if such damages are redundant for the achievement of specific and immediate military supremacy ;
4) targeting unprotected areas and demilitarized zones,
5) assault on a person who, obviously for the perpetrator, ceased immediate participation in military actions, is punished with imprisonment for 10-15 years, of for life.
4. The following acts seriously breaching the norms of international humanitarian law during armed conflicts :
1) re-population by the aggressor state of part of one’s own population in the occupied territories, or depopulation of the whole population or part thereof in the occupied territory, or movement within the occupied territory or beyond its boundaries,
2) unjustified delay in the repatriation of POWs or civilians,
3) humiliation of a person’s self-esteem, based on apartheid or racial discrimination, application of inhuman and other humiliating practices,
4) targeting specially protected, clearly marked, cultural, spiritual and historical monuments, works of art, ceremonial places, and inflicting large damage to the latter as a result of assault, if these facilities are not in near proximity from military objectives and if there is no information attesting to the use of these historical monuments, works of art, ceremonial places by the enemy for military purposes, is punished with imprisonment for 8-12 years
5. During armed conflicts, medical intervention not necessitated by the health condition of the persons under jurisdiction of the enemy, arrested or otherwise detained, and detrimental for the physical or mental condition of the latter violating universally recognized medical norms, particularly, even with consent of these persons, inflicting physical injuries to people, subjecting them to medical or scientific experiments, harvesting parts of body or tissues for transplantation,
is punished with imprisonment for 8-12 years.
6. Other violations of the norms of international humanitarian law, agreements envisaged by international agreements during armed conflicts :
is punished with imprisonment for up to 5 years.
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