Chapter 16. Genocide, crimes against humanity and war crimes
Section 103. War crimes against persons
Any person is liable to punishment for a war crime who in connection with an armed conflict
(a) kills a protected person,
(b) inflicts on a protected person great suffering or serious injury to body or health, particularly by torture or other cruel or inhuman treatment,
(c) enslaves a protected person,
(d) subjects a protected person to rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity,
(e) takes a protected person hostage,
(f) conscripts or enlists children under 18 years of age into armed forces or uses them to participate actively in hostitilies,
(g) subjects a protected person to a medical or scientific experiment that is not carried out in the interest of the person concerned and that seriously endangers the life or health of such person,
(h) in violation of international law deports or forcibly transfers a protected person from an area in which the person is lawfully present or unlawfully confines a protected person,
(i) imposes or implements a penalty in respect of a protected person without that person first being given a fair trial in accordance with international law,
(j) grossly violates the dignity of a protected person by subjecting that person to humiliating or degrading treatment/commits outrages upon the dignity of a protected person, in particular humiliating or degrading treatment, or
(k) wounds a combatant who has surrendered or has been placed hors de combat,
In the case of an international armed conflict, any person is also liable to punishment who
(a) transfers part of its own civilian population into an occupied territory,
(b) compels a national of the hostile party to take part in the operations of war directed against his own country, or
(c) compels a protected person to serve in the armed forces of a hostile power.
A protected person is a person who does not take, or who no longer takes, active part in hostilities, or who is otherwise protected under international law.
The penalty for a war crime against a person is imprisonment for a term not exceeding 15 years, but for a term not exceeding 30 years in such cases as are mentioned in the first paragraph (a) to (e) or otherwise if the crime is serious. In deciding whether the crime is serious, importance shall be attached to its potential for causing harm and its harmful effects, and to whether it was committed as part of a plan or policy for or or as part of a large-scale commission of such crimes.
Section 104. War crimes against property and civil rights
Any person is liable to punishment for a war crime who in connection with an armed conflict
(a) pillages,
(b) destroys, seizes or confiscates property on a large scale, unless this is strictly necessary for the purpose of waging war/imperatively demanded by the necessities of war*, or
(c) declares abolished, suspended or inadmissible in a court of law the civil rights of the nationals of the hostile party,
A war crime against property or civil rights is punishable by imprisonment for a term not exceeding 10 years, but for a term not exceeding 30 years when the offence is serious, cf. section 103, fourth paragraph, second sentence.
Section 105. War crimes against humanitarian missions or distinctive emblems
Any person is liable to punishment for a war crime who in connection with an armed conflict
a) directs an attack against personnel, installations, material, medical 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 property/civilian objects* under international law,
(b) directs an attack against personnel, buildings, material, medical units or transport which are entitled under international law to use one of the specially protected distinctive emblems of the Geneva Conventions and Additional Protocols or any other means of identification indicating that they are protected under the Geneva Conventions, or
c) makes improper use of a flag of truce, the flag of the enemy or of the United Nations, military insignia or uniforms or makes improper use of the specially protected distinctive emblems mentioned in (b), resulting in death or serious personal injury.
is liable to punishment for a war crime.
The penalty for a war crime against humanitarian missions or distinctive emblems is imprisonment for a term not exceeding 10 years, but for a term not exceeding 30 years in the cases mentioned in (c) and otherwise when the crime is serious, cf. section 103, fourth paragraph, second sentence.
Section 106. War crimes consisting in the use of prohibited methods of warfare
Any person is liable to punishment for a war crime who in connection with an armed conflict
(a) directs an attack against the civilian population as such or against individual civilians not taking direct part in hostilities,
(b) uses starvation of civilians as a method of warfare by depriving them of, withholding from them or denying them access to food or objects indispensable to their survival, or impeding relief supplies in violation of international law,
(c) launches an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or damage to the natural environment which would be excessive in relation to the concrete and direct overall military advantage anticipated,
(d) utilises the presence of a protected person to render certain points, areas or military forces immune from military operations,
(e) directs an attack against towns, villages, dwellings or buildings which are undefended and which are not military objectives, or against demilitarised zones,
(f) directs an attack against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, cultural monuments, hospitals and places where the sick and wounded are collected, or against any other civil object, provided they are not military objectives,
(g) leading any person to believe that he is entitled to protection or is obliged to provide protection in accordance with international law and with the intention of betraying this trust, kills or wounds any person belonging to the nationals or armed forces of the hostile party, or
(h) declares or threatens that no quarter will be given.
The penalty for a war crime consisting in the use of prohibited methods of warfare is imprisonment for a term not exceeding 15 years, but for a term not exceeding 30 years when the crime includes the wilful murder of a civilian and any other protected person or otherwise if the crime is serious, cf. section 103, fourth paragraph, second sentence.
Section 107. War crimes consisting in the use of prohibited means of warfare
Any person is liable to punishment for a war crime who in connection with an armed conflict
(a) employs poison or poisoned weapons,
b) employs biological or chemical weapons,
c) employs bullets which expand or flatten easily in the human body, or
d) employs another means of warfare that is in violation of international law
The penalty for a war crime consisting in the use of prohibited means of warfare is imprisonment for a term not exceeding 15 years, but for a term not exceeding 30 years when the crime includes the wilful murder of a civilian or any other protected person or otherwise if the crime is serious, cf. section 103, fourth paragraph, second sentence.
Section 108. Conspiracy and incitement to commit genocide, crimes against humanity and war crimes
Any person who conspires with another person to commit a criminal offence mentioned in sections 101 to 107 is liable to imprisonment for a term not exceeding 10 years. The same applies to any person who directly and publicly incites another person to commit such an offence.
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