Unlawful confinement - 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 611

Whoever perpetrates the following acts during an armed conflict shall be punished with a sentence of imprisonment from ten to fifteen years, without prejudice to the relevant punishment for the results caused :

4. Deports, forcibly transports, takes hostage or unlawfully detains or confines any protected person or uses him to protect certain military locations, zones or forces from an attack by the adversary ;

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 611
In the event of an armed conflict, a sentence of ten to fifteen years’ imprisonment, which shall be in addition to any sentence imposed for the damage or injury caused, shall be imposed on anyone who does any of the following:
4th. Deports, transfers forcibly, takes hostage, or detains or confines illegally any protected person, or uses such person to render certain points, areas or military forces immune from military operations.

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:

(vii) Unlawful deportation or transfer or unlawful confinement;