Portugal

Adaptation of Criminal Legislation to ICC Statute

Chapter II
Crimes

Section II
War crimes

Article 10
War crimes against persons

1. Anyone who, in the context of an international armed conflict or a non-international armed conflict, commits any of the following acts against a person protected by international humanitarian law:

(a) Murder;
(b) Torture or cruel, degrading or inhuman treatment, including biological experiments;
(c) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind 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 seriously endanger the health of such person or persons;
(d) Acts that cause great suffering or serious injury to body or health;
(e) Killing or wounding a combatant who has laid down his or her arms or who, no longer having any means of defence, has surrendered unconditionally or has been placed hors de combat by any cause;
(f) Taking of hostages;
(g) Acts described in subparagraph (g) of the preceding article that constitute a serious violation of the Geneva Conventions;
(h) Conscripting or enlisting children into a State’s armed forces or military or paramilitary forces, or into armed groups other than a State’s armed forces or military or paramilitary forces, or using them to participate in hostilities;
(i) Deportation or transfer, or unlawful confinement;
(j) Conviction and execution of sentence without a previous fair and impartial trial;
(l) Outrages upon personal dignity, in particular humiliating and degrading treatment;

shall be punished with a term of imprisonment of 10 to 25 years.

Keywords

Protected persons



EDIT.