Penal Code · English · 2015
Article 109
War Crimes against the Civilian Population
A person who, as part of systemic plan or policy or a large-scale commission, and in time of war, armed conflict or occupation, organizes, orders or engages in any of the following acts:
#Grave breaches of international laws and customs on the treatment of civilian population of an occupied territory, namely:
#extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
#compelling a prisoner of war or other protected person to serve in the forces of a hostile power;
#willfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
#Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
#intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities and against civilian objects, that is, objects which are not military objectives;
#intentionally directing attacks against personnel, installations, material, 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 civilian objects under the international law of armed conflict;
#intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or 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;
#attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
#killing or wounding a combatant who, having laid down his arms or having no longer means of defense, has surrendered at discretion;
#the transfer, directly or indirectly, by the occupying power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
#intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
#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;
#declaring that no quarter will be given or wanton withholding of the provision of clothing, bedding, means of shelter, medical supplies and other supplies essential to the survival of the civilian population of the occupied territory;
#destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
#declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
#compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
#employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
#employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
#employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict;
#committing rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization or biological experiments, or any other form of sexual violence;
#utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
#intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as contained in relevant international laws and customs;
#conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities
#compulsory movement, deportation, forcible transfer or dispersion of the population, its systematic deportation, transfer or detention in concentration camps or forced labor camps,
#is guilty of war crimes against civilian population, a Class 1 serious offence, punishable with life imprisonment, or, in cases of exceptional gravity, with death, or with a definite term of imprisonment of not less than 23 years and not more than 27 years.
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