Wilfully depriving a prisoner of war of the rights of fair and regular trial - 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 :

3. Forces a prisoner of war or a civilian to serve, in any way, in the Armed Forces of the adversary, or deprives him of his right to a due and impartial process of law ;

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:
3rd. Obliges a prisoner of war or civilian to serve in the forces of a hostile Power, or deprives him or her of the right to a fair and regular trial.

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:

(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;