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:
(1) wilful killing;
(2) torture or inhuman treatment, including biological experiments;
(3) wilfully causing great suffering, or serious injury to body or health;
(4) committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence constituting a grave breach of the Geneva Conventions or a grave breach of article 3 common to these Conventions;
(5) committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(6) compelling 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 to serve in the armed forces or groups of a hostile Power or an adverse party;
(7) conscripting or enlisting children under the age of fifteen years into armed forces or groups or making them participate actively in hostilities;
(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;
(9) unlawful deportation, transfer, removal or confinement of 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;
(10) intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(11) taking of hostages;
(12) destroying or seizing the enemy's property in the event of an international armed conflict or of an opponent in the event of an armed conflict not of an international character, unless such destruction or seizure be imperatively demanded by military necessity;
(13) extensive destruction and appropriation of property, not justified by military necessity as accepted by international law and carried out unlawfully and wantonly;
(14) intentionally launching attacks against civilian objects, that is, objects which are not military objectives;
(15) intentionally launching attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems designated by international humanitarian law in conformity with international law;
(16) utilizing the presence of a civilian or other person enjoying protection under international humanitarian law to render certain points, areas or military forces immune from military operations;
(17) intentionally launching 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;
(18) unlawful acts or omissions that may endanger the health or physical or mental integrity of persons protected by international humanitarian law, particularly any medical procedure that is not justified by the state of health of the person concerned or is not in accordance with generally accepted medical standards;
(19) except where justified under the conditions laid down in (18), any act consisting of subjecting the persons referred to in (18), even with their consent, to physical mutilation, medical or scientific experiments, or the removal of organs or tissue for transplantation, unless the procedure concerned consists of the donation of blood for transfusion or of skin for transplantation undertaken voluntarily, without compulsion and for therapeutic aims;
(20) intentionally directing attacks against the civilian population or against individual civilians not taking direct part in hostilities;
(21) intentionally launching attacks against places where the sick and wounded are collected, provided they are not military objectives;
(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;
(23) launching an attack on works or installations containing dangerous forces, in the knowledge that such an attack will cause loss of life, or injury to civilians or damage to civilian objects 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;
(24) attacking or bombarding, by whatever means, demilitarised zones, or towns, villages, dwellings or buildings which are undefended and which are not military objectives;
(25) pillaging a town or place, even when taken by assault;
(26) attacking a person in the knowledge that he or she is hors de combat if such an attack results in death or injury;
(27) killing or wounding treacherously individuals belonging to the hostile nation or army, or a combatant adversary;
(28) declaring that no quarter will be given;
(29) making improper use of the emblems of the Red Cross or Red Crescent or other protective emblems recognised under international humanitarian law, resulting in death or serious personal injury;
(30) making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, resulting in death or serious personal injury;
(31) the transfer, directly or indirectly, of parts of the occupying power’s civilian population into the territory it occupies in the case of an international armed conflict, or the transfer of part of the occupying authority’s civilian population in the case of an armed conflict that is not of an international nature;
(32) delaying, without justification, the repatriation of prisoners of war or civilians;
(33) practising apartheid or other inhuman or degrading practices based on race discrimination and constituting an attack on human dignity;
(34) directing attacks against clearly recognisable historic monuments, works of art or places of worship constituting the spiritual or cultural heritage of a people and on which special protection has been conferred through a special arrangement, where there is no evidence of a breach by the hostile party of the prohibition on using such objects to support military activity and provided such objects are not situated in the immediate vicinity of military objectives;
(35) intentionally launching attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments and hospitals, provided they are not military objectives;
(36) employing poison or poisoned weapons;
(37) employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(38) employing 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;
(39) declaring abolished, suspended or inadmissible in a court of law the rights and actions of the persons of the hostile party;
(40) employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to the Statute of the International Criminal Court.
Protected persons
Grave breaches - IAC
EDIT.