Torture - IAC

Spain

Criminal Code 1995 (2013)

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XXIV
Crimes against the International Community

CHAPTER III
On crimes against protected persons and assets in the event of armed conflict

Article 609

Whoever, during an armed conflict, physically abuses or seriously endangers the life, health or integrity of any protected persona, subjects him to torture or inhumane treatment, including biological experiments, causes him serious suffering or subjects him to any medical act that is not in keeping with his state of health, nor according to the generally recognised medical standards that the Party responsible would apply to its own nationals not detained under similar medical circumstances, shall be punished with a sentence of imprisonment from four to eight years, without prejudice to the punishment that might be appropriate for the damaging results caused.

Provisions of the Spanish Criminal Code Concerning International Crimes. Integrated Text Containing the Amendments Introduced by the Ley Organica 15/2003 Implementing the Statute of the International Criminal Court 2003

TITLE XXIV
Offences against the International Community

CHAPTER III
Offences against Protected Persons and Property in the Event of Armed Conflict

Article 609
Anyone who, in the event of an armed conflict, mistreats or seriously endangers the life, health or integrity of any protected person, subjects him or her to torture or inhuman treatment, including biological experiments, wilfully causes him or her great suffering, or subjects him or her to any medical treatment that is inappropriate given the state of health of that person or is not in accordance with generally recognised medical principles that the Party responsible for the treatment would apply, in similar medical circumstances, to his own free national citizens, shall be sentenced to four to eight years’ imprisonment, which shall be in addition to any sentence imposed for the resulting injuries.

Rome Statute

Article 8 War crimes

2. For the purpose of this Statute, ‘war crimes’ means:

(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

(ii) Torture or inhuman treatment, including biological experiments;