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

The former Yugoslav Republic of Macedonia

Macedonia - Criminal Code 1996 (2009) EN

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

War crimes against prisoners of war

Article 406

A person who by violating the rules of international law, and against prisoners of war, orders the committing of murders, torture, inhuman behavior, biological, medical or other scientific experiments, taking of tissues or organs for transplantation, inflicting grave suffering or injury to the body integrity or to health, forcing to serve in the armed forces of the enemy, or depriving of the right to a proper and unbiased trial or to implement sentence or execution without prior verdict of a legally based court and procedure which provides the generally accepted court guarantees or illegally to be deported, displaced or held in custody or the person who commits any of the above mentioned crimes, shall be punished with imprisonment of at least ten years, or with life imprisonment.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Cruel behavior with wounded, ill or with prisoners of war

Article 412

A person who by violating the rules of international law behaves cruelly with the wounded, the ill or with the prisoners of war, or who makes it impossible or who prevents them from using the rights which belong to them according to those rules, shall be punished with imprisonment of six months to five years.

Macedonia - Criminal Code 1996 (2018) EN

''War crimes against prisoners of war, Article 406''

A person who by violating the rules of international law, and against prisoners of war,
orders the committing of murders, torture, inhuman behavior, biological, medical or other
scientific experiments, taking of tissues or organs for transplantation, inflicting grave
suffering or injury to the body integrity or to health, forcing to serve in the armed forces of
the enemy, or depriving of the right to a proper and unbiased trial, or order punishment
or execution without prior verdict passed by a court of law in a procedure in which all
generally accepted legal borders are accepted, or illegal deportation, displacement
or hold them imprisoned or the person who commits any of the above
mentioned crimes, shall be punished with imprisonment of at least ten years, or with
life imprisonment.

''Cruel behavior with wounded, ill or with prisoners of war, Article 412''

A person who by violating the rules of international law behaves cruelly with the wounded,
the ill or with the prisoners of war, or who makes it impossible or who prevents them
from using the rights which belong to them according to those rules, shall be
punished with imprisonment of six months to five years.

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;