PART TWO
SPECIAL PART
CHAPTER TWELVE
CRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES
Title Two
War Crimes
Section 426
Using Prohibited Weapons and Unlawful Warfare
(1) Any person who in the wartime orders
a) the use of prohibited means of warfare or of similar material or uses such means or material, or who
b) that prohibited practices be used in the combat or uses such combat practices himself,
shall be liable to a term of imprisonment of four to ten years.
(2) The same sentence as referred to in paragraph 1 shall be imposed on a commander who, in contravention of the provisions of international law concerning the means and methods of warfare, wilfully
a) causes harm to civilian population or to the lives, limbs or property of civilians by a military operation, or wages an attack against them as a reprisal, wages an attack against an undefended site or demilitarised zone,
b) destroys or damages a water dam, nuclear power plant or a similar installation containing dangerous forces, or
c) destroys or damages a facility designated for humanitarian purposes or an internationally recognised cultural or natural monument.
(3) The offender shall be liable to a term of imprisonment of ten to twenty years if, through the commission of the offence referred to in paragraphs 1 or 2, he causes
a) grievous bodily harm or death to several persons,
b) large-scale damage, or
c) other particularly serious consequence.
Section 427
Plundering in the Area War
(1) Any person who, in the war operations area, in the battlefield, in the areas affected by military operations, or on the occupied territory,
a) takes possession of a thing belonging to another, misusing that person's distress,
b) wilfully destroys property belonging to another or takes possession of such property under the pretext of war necessity, or
c) robs the killed or wounded persons,
shall be liable to a term of imprisonment of four to ten years.
(2) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraph 1 a) using violence, the threat of violence or other serious harm, or
b) against persons or things enjoying special protection under the law or international legal instruments.
(3) The same sentence as referred to in paragraph 2 shall be imposed on the offender if, through the commission of the offence referred to in paragraph 1, he causes
a) grievous bodily harm, or
b) substantial damage.
(4) The offender shall be liable to a term of imprisonment of ten to twenty years if, through the commission of the offence referred to in paragraph 1, he causes
a) death, or
b) large-scale damage.
Section 428
Misuse of Internationally Recognised and National Symbols
(1) Any person who, in the wartime, misuses the designation of the Red Cross or other identification symbols or colours recognised by international law for designating medical facilities, vehicles, persons providing medical assistance or securing evacuation, shall be liable to a term of imprisonment of three to ten years.
(2) The same sentence as referred to in paragraph 1 shall be imposed on any person who, in the wartime, misuses the emblem of the United Nations, national flag, national emblem military emblem, insignias or uniform of a neutral or other state which is not a party to the conflict.
(3) The offender shall be liable to a term of imprisonment of twelve to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2 that constitutes a means of military deception, he causes
a) death to several persons,
b) large-scale damage, or
c) other particularly serious consequence.
War crimes
National penalties - war crimes
National penalties - maximum penalty
EDIT.