PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW
2. SPECIAL PART
Art. 9
War crimes against persons
1. Anyone who, in connection with an international or non international armed conflict:
a) Commits willful killing of a person protected according to the provisions of international humanitarian law,
b) Takes as hostage a person protected according to the provisions of international humanitarian law,
c) Subjects to torture or inhuman treatment (art. 137A Cr.C.) a person protected according to the provisions of international humanitarian law,
d) Commits rape (art. 336 Cr. C.) or enforced prostitution (art. 349 Cr. C.) or enforced sterilization against a person protected according to the provisions of international humanitarian law, or unlawfully confines a woman made pregnant forcibly or with the use of threat of force, with the intent of affecting the ethnic composition of any population,
e) Conscripts children under the age of fifteen years or enlists them into armed forces or groups or coerces them to participate actively in hostilities,
f) Displaces persons protected according to the provisions of international humanitarian law or forces them to move from the place they lawfully reside to another state or region, by deporting them or with the employment of other coercive means prohibited by international law, unless the security of the civilians involved or imperative military reasons so demand,
g) Imposes or carries out against persons protected according to the provisions of international humanitarian law the death sentence or sentences entailing deprivation of liberty or other sentences of comparable gravity, without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable,
h) Willfully endangers loss of life or serious injury to body or health of a person protected according to the provisions of international humanitarian law by:
(aa) Subjecting him/her to experiments which are neither justified on medical grounds nor carried out in his or her interest, without the free and express consent of the person concerned,
(bb) Removing from him/her tissues or organs in order to be used for transplants, with the exception of blood or skin which are to be used for therapeutic purposes, according to the generally accepted medical standards, without the prior free and express consent of this person,
(cc) Applying therapeutic methods not endorsed scientifically, in the absence of any
relevant medical necessity without the prior free and express consent of this person, shall be sentenced in the case of subpar. (a) to life imprisonment and in the rest of the cases to a term of incarceration of 10 years minimum (10-20 years).
2. Anyone who, in relation with an international or non international armed
conflict wounds a member of the adverse armed forces or a combatant of the adverse party who, having laid down his arms or having no longer means of defence, has surrendered at discretion, shall be sentenced to a term of incarceration (5-20 years).
3. Anyone who in connection with an international armed conflict:
(a) Unlawfully confines a person protected by international humanitarian law or unduly delays his/ her repatriation,
(b) As a member of the Occupying Power, transfers parts of the civilian population into the territory under occupation,
(c) Compels a person protected by international humanitarian law with force or with threat of force to serve in the armed forces of a hostile power or to take part in military operations against his/her country, shall be sentenced to a term of incarceration (5-20 years).
Art. 10
War crimes against property and other rights
1. Anyone who, in the context of an international or non international armed conflict,
pillages or in any way destroys extensively, objects belonging to the adverse party and have been transferred to the possession of his/her party or seizing the property of an adversary, shall be sentenced to a term of incarceration up to 10 years, unless such destruction or seizure be imperatively demanded by the necessities of the conflict.
2. Anyone who, in the context of an international armed conflict, contrary to the provisions
of international law, declares abolished, suspended or inadmissible in a court of law the rights and claims of the whole or of a significant part of the population of the adversary, shall be sentenced to a term of incarceration up to 10 years.
Art. 11
War crimes against humanitarian operations and distinctive emblems
1. Anyone who, in the context of an international or non international armed conflict:
a) Intentionally directs attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict,
b) Intentionally directs attacks against buildings, material, medical units and transport and personnel using the distinctive emblems of the Geneva Conventions in conformity with international humanitarian law,
shall be sentenced to a term of incarceration (5-20 years).
2. Anyone who, in the context of an international or non international armed conflict makes
improper use of a flag of truce, of the flag or the military insignia and uniform of the United Nations, as well as of the distinctive emblems of the Geneva Conventions and by this way commits willful killing, shall be sentenced to life imprisonment. In the case of willfully causing grave bodily harm (art. 310 par. 2 Cr.C.), he/she shall be sentenced to a term of incarceration (5¬20 years).
Art. 12
War crimes concerning the use of prohibited methods of warfare.
1. Anyone who, in the context of an international or non international armed conflict:
a) Intentionally directs attacks against the civilian population as such or against individual civilians not taking direct part in hostilities,
b) Intentionally directs attacks against civilian objects, for as long as they are protected as such by the provisions of international humanitarian law, especially buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, towns, villages, dwellings or buildings which are undefended or demilitarized zones as well as installations and infrastructure containing dangerous forces,
c) Intentionally launches an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
d) Utilizes persons protected by international humanitarian law as human shields, in order to dissuade the enemy from launching an attack against certain targets,
e) Intentionally uses starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under international humanitarian law,
f) As a commander, declares that no quarter will be given or orders that there should be no survivors, thus causing to another person terror and anxiety,
g) Kills or causes grave bodily harm (art. 310 par. 2 Cr. C.) to persons belonging to the adversary armed forces or combatants of the adversary, making misuse of their trust which he/she has treacherously secured for this purpose,
shall be sentenced to a term of incarceration (5-20 years), unless a more severe penalty applies according to other relevant penal provisions.
Art. 13
War crimes concerning the employment of prohibited means of warfare
1. Anyone who, in the context of an international or non international armed conflict
employs:
a) poison or poisoned weapons,
b) biological or chemical weapons or
c) bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions, in a way that is likely to cause danger to a person,
shall be sentenced to a term of incarceration up to 10 years.
2. If the act of par. 1 results to grave bodily harm (art. 310 par. 2 Cr.C.) or to the death of a
civilian protected by international humanitarian law, a term of incarceration of at least 10 years shall be imposed.
War crimes
National penalties - war crimes
National penalties - national proceedings
EDIT.