Bosnia and Herzegovina

Criminal Code of Bosnia and Herzegovina

SPECIAL PART

XVII C H A P T E R S E V E N T E E N
CRIMES AGAINST HUMANITY AND VALUES PROTECTED BY INTERNATIONAL LAW

War Crimes against Civilians
Article 173

(1) Whoever in violation of rules of international law in time of war, armed conflict or occupation, orders or perpetrates any of the following acts:
a) Attack on civilian population, settlement, individual civilians or persons unable to fight, which results in the death, grave bodily injuries or serious damaging of people’s health;
b) Attack without selecting a target, by which civilian population is harmed;
c) Killings, intentional infliction of severe physical or mental pain or suffering upon a person (torture), inhuman treatment, biological, medical or other scientific experiments, taking of tissue or organs for the purpose of transplantation, immense suffering or violation of bodily integrity or health;
d) Dislocation or displacement or forced conversion to another nationality or religion;
e) Coercing another by force or by threat of immediate attack upon his life or limb, or the life or limb of a person close to him, to sexual intercourse or an equivalent sexual act (rape) or forcible prostitution, application of measures of intimidation and terror, taking of hostages, imposing collective punishment, unlawful bringing in concentration camps and other illegal arrests and detention, deprivation of rights to fair and impartial trial, forcible service in the armed forces of enemy’s army or in its intelligence service or administration;
f) Forced labour, starvation of the population, property confiscation, pillaging, illegal and self-willed destruction and stealing on large scale of property that is not justified by military needs, taking an illegal and disproportionate contribution or requisition, devaluation of domestic money or the unlawful issuance of money,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

(2) The punishment referred to in paragraph 1 of this Article shall be imposed on whomever in violation
of rules of international law, in the time of war, armed conflict or occupation, orders or perpetrates any of the following acts:
a) Attack against objects specifically protected by the international law, as well as objects and facilities with dangerous power, such as dams, embankments and nuclear power stations;
b) Targeting indiscriminately of civilian objects which are under specific protection of international law, of non-defended places and of demilitarised zone;
c) Long-lasting and large-scale environment devastation, which may be detrimental to the health or survival of the population.

(3) Whoever in violation of the rules of international law applicable in the time of war, armed conflict or occupation, orders or carries out as an occupier the resettlement of parts of his civilian population into the occupied territory,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.


War Crimes against the Wounded and Sick
Article 174

Whoever, in violation of the rules of international law in the time of war or armed conflict, orders or perpetrates in regard to wounded, sick, shipwrecked persons, medical personnel or clergy, any of the following acts:
a) Depriving another persons of their life (murders), intentional infliction of severe physical or mental pain or suffering upon persons (tortures), inhuman treatment, including therein biological, medical or other scientific experiments, taking of tissue or organs for the purpose of transplantation;
b) Causing of great suffering or serious injury to bodily integrity or health;
c) Unlawful and arbitrary destruction or large-scale appropriation of material, means of medical transport and stocks of medical facilities or units which is not justified by military needs,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.


War Crimes against Prisoners of War
Article 175

Whoever, in violation of the rules of international law, orders or perpetrates in regard to prisoners of war any of the following acts:
a) Depriving another persons of their life (murders), intentional infliction of severe physical or mental pain or suffering upon persons (tortures), inhuman treatment, including therein biological, medical or other scientific experiments, taking of tissue or organs for the purpose of transplantation;
b) Causing of great suffering or serious injury to bodily integrity or health;
c) Compulsive enlistment into the armed forces of an enemy power, or deprivation of the right to a fair and impartial trial,
shall be punished by imprisonment for a term not less than ten years or long-term imprisonment.

Keywords

War crimes
National penalties - war crimes
National penalties - maximum penalty



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