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
2. Grave breaches of article 3 common to the Geneva Conventions of 12 August 1949 committed in the case of an armed conflict as defined in the said article 3 and enumerated below, if by the act or omission these violations infringe the protection guaranteed to persons under the said Conventions constitute crimes under international law and shall be punished in accordance with the provisions of this Title, without prejudice to provisions of criminal law applicable to offences of negligence:
(1) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(2) committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(3) taking of hostages;
(4) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.

Keywords

Serious violations of Common Article 3 - NIAC
Non-prejudice to national law



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