ยง 2. Crimes
Section 6
1. Anyone who, in the case of an armed conflict not of an international character, commits a violation of article 3 common to all of the Geneva Conventions, namely the commission against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those who are placed hors de combat by sickness, wounds, detention, or any other cause, of one of the following acts:
(a) violence to life and person, in particular killing of all kinds, mutilation, cruel treatment and torture (as defined in section 1 (1) (d));
(b) the taking of hostages;
(c) outrages upon personal dignity, in particular humiliating and degrading treatment; or
(d) the passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantees which are generally recognised as indispensable;
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.
2. Anyone who, in the case of an armed conflict not of an international character, commits one of the following acts:
(a) rape, sexual slavery, enforced prostitution, enforced sterilisation or any other form of sexual violence which can be deemed to be of any gravity comparable to a grave breach of the Geneva Conventions;
(b) forced pregnancy;
(c) subjecting persons in the power of another party to the conflict to physical mutilation or medical or scientific experiments of any nature whatever, which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest and which cause death to or can seriously endanger the health of such persons or persons; or
(d) treacherously killing or wounding individuals belonging to the hostile nation or army;
shall be liable to life imprisonment or a term of imprisonment not exceeding thirty years or a sixth category fine.
3. Anyone who, in the case of an armed conflict not of an international character, commits one of the following acts:
(a) intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(b) intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(c) intentionally directing attacks against personnel, installations, material, units or vehicles involved in humanitarian assistance or peace missions 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;
(d) intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(e) pillaging a town or place, even when taken by assault;
(f) conscripting or enlisting children under the age of fifteen years into the national armed forces or armed groups or using them to participate actively in hostilities;
(g) declaring that no quarter will be given; or
(h) destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the circumstances of the conflict; or
(i) giving instructions for the transfer of the civilian population for reasons connected with the conflict, other than on account of the safety of the citizens or where imperatively demanded by the circumstances of the conflict;
shall be liable to a term of imprisonment not exceeding fifteen years or a fifth category fine.
4. Section 5, subsection 6, shall apply mutatis mutandis to an act as referred to in subsection 3.
Section 7
1. Anyone who, in the case of an international or non-international armed conflict, commits a violation of the laws and customs of war other than as referred to in sections 5 or 6 shall be liable to a term of imprisonment not exceeding ten years or a fifth category fine.
2. A term of imprisonment not exceeding fifteen years or a fifth category fine shall be imposed:
(a) if an act as referred to in subsection 1 is likely to result in the death of or serious bodily injury to another person;
(b) if an act as referred to in subsection 1 involves one or more outrages committed upon personal dignity, in particular humiliating and degrading treatment;
(c) if an act as referred to in subsection 1 involves compelling another person to do, refrain from doing or permit something, or
(d) if an act as referred to in subsection 1 involves pillaging a city or place, even when taken by assault.
3. Section 5, subsection 6, shall apply mutatis mutandis to an act as referred to in subsection 1.
EDIT.