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 431
War Atrocities
(1) Any person who, in the wartime, violates the rules of international law by cruel treatment of helpless civilian population, refugees, wounded persons, members of the armed forces who have laid down their arms or prisoners of war 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 any person who, in the wartime, violates the rules of international law by
a) failing to take effective measures for the protection of persons who are in need of such help, in particular children, women and wounded or elderly persons, or who prevents such measures from being taken, or
b) impedes or blocks civil protection organisations of the enemy, of a neutral or other state in the fulfilment of their humanitarian tasks.
(3) The offender shall be liable to a term of imprisonment of ten to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2, he causes grievous bodily harm or death or other particularly serious consequence.
Section 432
Persecution of Civilians
(1) Any person who, in the wartime, performs inhuman acts on the grounds of national, racial or ethnic discrimination, or who terrorises helpless civilian population by violence or the threat of its use, 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 any person, who, at the time referred to in paragraph 1,
a) destroys or seriously damages the source of elementary necessities of life of the civilian population in an occupied territory or buffer zone, or who wilfully refuses to provide the population with the assistance they need for their survival,
b) delays, without justifiable reasons, the return of the civilian population or prisoners of war,
c) resettles, without justifiable reasons, civilian population of the occupied territory,
d) settles the occupied territory with the population of his own country, or
e) wilfully denies the civilian population or prisoners of war the right to have their criminal offences decided by impartial courts.
(3) The offender shall be liable to a term of imprisonment of ten to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2, he causes grievous bodily harm or death or other particularly serious consequence.
Section 433
Lawlessness in the Wartime
(1) Any person who commits an act that is deemed to be a war crime under Article 8 of the Rome Statute of the International Criminal Court shall be liable to a term of imprisonment of twelve to twenty-five or to life imprisonment.
(2) The offender shall be liable to life imprisonment if he commits the offence referred to in paragraph 1,
a) and causes grievous bodily harm or death to several persons or other particularly serious consequence through its commission, or
b) in retaliation.
Section 434
Endangering Cultural Values
Any person who, in the wartime,
a) substantially destroys or appropriates objects of cultural value protected under an international agreement,
b) plunders, commits the acts of vandalism or otherwise misuses such object,
c) wages an attack against such object in contravention of an international agreement, or
d) uses an object of cultural value enjoying advanced protection under an international agreement or its immediate vicinity for combat support in contravention of an international agreement,
shall be liable to a term of imprisonment of three to ten years.
Title Three
Common Provisions
Section 435
(1) For the purposes of the application of the provisions of this Chapter a war shall mean
a) an international armed conflict, or
b) a lengthy armed conflict on the territory of the State between the Government authorities and organised armed groups or between such groups fighting against each other, except for internal disorders and tensions, such as rebellions, isolated and sporadic acts of violence or acts of similar nature.
(2) A military commander shall also mean a person effectively acting as a military commander.
(3) A military commander shall be held criminally responsible for crimes referred to in this Chapter even if they were committed by armed forces under his effective command and control, as a result of his failure to exercise control properly over such forces, if he,
a) owing to the circumstances at the time, should have known that forces were committing or about to commit such crimes, and
b) failed to take all necessary and reasonable measures within his power to prevent or repress their commission, or to submit the matter to the competent authorities for investigation and prosecution.
(4) A superior, except for a superior referred to in paragraph 3, shall be held criminally responsible for crimes referred to in this Chapter even if they were committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates, if
a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes,
b) the crimes concerned activities that were within the effective responsibility and control of the superior, and
c) failed to take all necessary and reasonable measures within his power to prevent or repress their commission, or to submit the matter to the competent authorities for investigation and prosecution.
War crimes
Violations of laws and customs - IAC
National penalties - war crimes
National penalties - maximum penalty
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