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:
(22) intentionally launching an attack in the knowledge that such an attack will cause 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 excessive in relation to the concrete and direct military advantage anticipated, without prejudice to the criminal nature of the attack whose harmful effects, even if proportionate to the anticipated military advantage, would be incompatible with the principles of international law arising from established custom, humanitarian principles and the demands of the public conscience

Keywords

Intentionally directing attacks against the civilian population - IAC
Intentionally launching attacks that will cause environmental damage - IAC
Intentionally launching attacks that will cause incidental damage to civilian objects - IAC
Intentionally launching attacks that will cause incidental loss of life or injury to civilians - IAC



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