BOOK II
SPECIAL PART
TITLE I
CRIMES AGAINST PEACE AND HUMANITY
CHAPTER II
WAR CRIMES
Article 125. War crimes against individuals
1. Any person who, within the context of an armed conflict of an international or noninternational nature, commits against a person protected by international humanitarian law :
a) Homicide ;
b) Torture or cruel, degrading or inhumane treatment, including biological experiments ;
c) Acts causing serious suffering or serious aggression to physical integrity ;
d) Taking of hostages ;
e) Compels a person to serve in a hostile army or conscripts or enlists children under the age of 18 into the armed, military or paramilitary forces of a State, or into armed groups other than the armed, military or paramilitary forces of a State, or uses them to participate in hostilities ;
f) Serious, prolonged and unjustified restrictions on the liberty of persons ;
g) Deportation or transfer or unlawful confinement ;
h) Unjustified appropriation or destruction of property of high value ;
i) Renders and executes sentences, without previous fair and impartial trial ;
j) Commits acts offensive to human dignity, in particular by means of humiliating and degrading treatment ;
k) Kills or wounds a combatant who, having laid down his or her arms or having no longer any means of defense, has unconditionally surrendered or otherwise been removed from combat ;
l) Any of the acts described in paragraph (g) of the previous article ;
m) Subjects 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 motivated by any medical, dental or hospital treatment of the persons concerned, nor performed in their interest, and which cause death to or seriously endanger the health of such persons ; is punishable with 12 to 25 years imprisonment.
2. The limits of the sentence are increased by one-fifth whenever the acts referred to in the previous subarticle are committed against members of a humanitarian institution.
3. Any person who, within the context of an armed conflict of an international nature :
a) Transfers, directly or indirectly, as an occupying power, parts of its own civilian population into the territory it occupies, or transfers all or parts of the population of the occupied territory within or outside this territory ;
b) Compels a prisoner of war or other protected person to serve in the armed forces of a hostile power ;
c) Delays, after cessation of hostilities, and without a justified reason, repatriation of prisoners of war; is punishable with 15 to 30 years imprisonment.
Article 126. War crimes committed using prohibited methods of warfare
Any person who, within the context of an armed conflict of an international or noninternational nature :
a) Conducts widespread attacks against the civilian population or against individual civilians not taking direct part in hostilities ;
b) Attacks civilian assets, that is, assets that are not military objectives ;
c) Attacks by whatever means, human settlements, dwellings or buildings which are undefended and not military objectives ;
d) Launches an indiscriminate attack that affects a civilian population or assets in the knowledge that such an attack will cause excessive loss of human life or injury to civilians or damage to civilian assets ;
e) Utilizes the presence of civilians or other protected persons to shield certain points, areas or military forces from becoming targets of military operations ;
f) Intentionally uses starvation of civilians as a method of warfare by depriving them of goods indispensable to their survival ;
g) Declares or threatens, in the capacity of an officer, that no quarter will be given ;
h) Treacherously kills or injures hostile combatants ;
i) Launches an attack while capable of knowing that such an attack will cause widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated ;
j) Commits perfidy, construed as the act of killing, wounding or capturing an adversary by appealing to good faith, with the intention to deceive, leading the same to believe that he or she is entitled to, or is obliged to accord, protection under the rules of humanitarian international law ; is punishable with 15 to 30 years imprisonment.
Article 127. War crimes committed using prohibited means of warfare
1. Any person who, within the context of an armed conflict of an international or noninternational nature, employs weapons, projectiles and materials and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or to cause indiscriminate effects, in violation of international law applied to armed conflict, is punishable with 12 to 25 years imprisonment :
2. The previous subarticle covers, namely, the use of :
a) Poison or poisoned weapons ;
b) Asphyxiating, toxic or other similar gases, and all analogous liquids, materials or devices ;
c) Projectiles that expand or flatten easily inside the human body, such as hollow-pointed jacketed bullets or those with incisions ;
d) Antipersonnel landmines ;
e) Chemical weapons ;
f) Weapons whose major effect is to cause wounds with shrapnel which cannot be located by x-ray in the human body ;
g) Incendiary weapons ;
h) Laser weapons causing blindness ;
3. The weapons, instruments and products referred to in the previous subarticle correspond to the definitions set out by international law.
Article 128. War crimes against assets protected by insignia or distinctive emblems
Any person who, in the context of an armed conflict of an international or non-international nature, directs attacks against :
a) Personnel, facilities, material, units or vehicles involved in humanitarian assistance or peace-keeping missions in accordance with the Charter of the United Nations, whenever the same are entitled to protection given to civilians or civilian assets under international humanitarian law ;
b) Buildings, facilities, material, units or vehicles visibly displaying the distinctive emblems of the Geneva Conventions or personnel using such emblems; is punishable with 10 to 20 years imprisonment.
Article 129. War crimes against property
Any person who, within the context of an armed conflict of an international or noninternational nature :
a) Seizes, destroys or damages property on a large scale or of high value, with no military need to do so or in an arbitrary or illegal manner ;
b) Attacks, destroys or damages buildings dedicated to religion, education, art, science or charitable purposes, historic or cultural monuments, archaeological sites, hospitals and places where the sick and wounded are collected, provided they are not military objectives ;
c) Pillages a town or site, even when taken by assault; is punishable with 5 to 15 years imprisonment.
Article 130. War crimes against other rights
Any person who, within the context of an armed conflict of an international or noninternational nature, declares any rights and proceedings of the nationals of the hostile party to be abolished, suspended or inadmissible in a court of law is punishable with 5 to 15 years imprisonment.
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