Belgium

Act of 5 August 2003 on Serious Violations of International Humanitarian Law

CHAPTER II AMENDMENTS TO THE CRIMINAL CODE
Article 8
An article 136 quater shall be inserted into the same Title and shall read as follows:

“Article 136 quater
1. The war crimes enumerated below, as referred to in the Geneva Conventions of 12 August 1949 and in their First and Second Additional Protocols, adopted at Geneva on 8 June 1977, in the laws and customs applicable to armed conflict, as defined in article 2 of the Geneva Conventions of 12 August 1949, in article 1 of the First and Second Additional Protocols to these Conventions, adopted in Geneva on 8 June 1977, and in article 8, paragraph 2(f) of the Statute of the International Criminal Court, constitute crimes under international law and shall be punished in accordance with the provisions of this Title, without prejudice to the provisions of criminal law applicable to offences of negligence, if by the action or omission such crimes infringe the protection guaranteed to persons and property under the said Conventions, Protocols, laws and customs:
(8) depriving a prisoner of war or a civilian protected by the Convention relative to the Protection of Civilian Persons in Time of War, or a person protected in the same way by the First and Second Additional Protocols to the Geneva Conventions of 12 August 1949 of the rights of fair and regular trial in accordance with the provisions of the said instruments

Keywords

Wilfully depriving a prisoner of war of the rights of fair and regular trial - IAC
Wilfully depriving a protected person of the rights of fair and regular trial - IAC



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