PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW
2. SPECIAL PART
Art. 9
War crimes against persons
3. Anyone who in connection with an international armed conflict:
(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.
Violations of laws and customs - IAC
EDIT.