SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

War crimes against the civil population

Article 404

(2) The punishment from item 1 shall apply to a person who by violating the rules of international law, during a war, an armed conflict or an occupation orders : an attack on cultural good which is under reinforced protection or other structures with special protection upon facilities specially protected by international law, buildings, means of transportation, material and medical units that use well known marks determined by the international law or personnel, installations, material, units or vehicles included in providing humanitarian aid or peace keeping missions and upon facilities and plants with a dangerous power, such as dams, embankments and nuclear power plants ; without a choice of the targets to strike : hospitals and places where the sick wounded and other are gathering, civil constructions, which are under special protection by international law, prohibited places or demilitarized zones cities, villages, settlements or buildings that are not defended and are not military
targets ; long lasting and extensive destruction of the natural environment that could be damaging to the health or the survival of the population ; or of cultural good that is under reinforced protection or its vicinity to be used as a support of a military action, destruction or possession of greater scope of cultural good, protected by the international law, stealing or vandal attacks on cultural goods protected by the international law the person who commits some of the above mentioned crimes.

War crimes against the civil population Article 404

(1) A person who, by violating the rules of international law, during a war, armed conflict or occupation, orders an attack upon civil population, a settlement, certain civil persons or persons incapacitated for combat, which had as consequence death, serious body injury or serious disturbance to the health of the people; an attack without choosing the target, which strikes the civil population; to commit against the civil population murder, torture, inhuman acts, biological, medical or other scientific experiments, taking tissue or organs for the purpose of transplantation, inflicting grave suffering or injury to the body integrity or the health; resettlement and moving or forced denationalization or transfer to some other religion; coercion to prostitution or rape, sexual slavery or inducing unsolicited pregnancy, sterilization or other type of sexual violence; the implementation of measures of fear and terror, taking hostages, collective punishment, illegal taking to concentration camps and other illegal freedom deprivations, depriving of the right to a proper and unbiased trial or carry out punishment or execution without prior verdict passed by a court of law in a procedure in which all generally accepted legal borders are accepted; coercion for service in the armed forces of the enemy or in its intelligence service or administration enrolling and recruiting minors younger than

15 into the armed forces of the country or recruiting persons under the age of 18 in armed forces that

are not armed forces of the country and using them by active participation in conflict activities contrary to the conditions determined with the rules of the international law; using civilians or other persons as live shield in specific places or regions where armed forces are present; coercion to forced labor, starving of the population, obstruction of humanitarian aid; confiscation of property, pilfering of property of the population, illegal and self-willed destruction or usurpation of a larger extent of properties which is not justified by the military needs, taking an unlawful and excessive contribution and requisition, decreasing the value of the domestic currency or unlawful issue of money; or the person who commits some of the above mentioned crimes - shall be punished with imprisonment of at least ten years, or with life imprisonment.

2) The punishment from paragraph 1 shall apply to a person who commits some of the further mentioned crimes, by violating the rules of international law, during a war, an armed conflict or an occupation orders: an attack upon cultural items under high protection or other objects under special protection, facilities specially protected by international law, buildings, transport vehicles, materials and medical units that use identifiable signs and marks that are determined by international law or personnel, installations, materials units or vehicles included in the security if the humanitarian aid or peace missions, and upon facilities and plants with a dangerous power, such as dams, embankments and nuclear power plants; without a choice of the targets to strike: hospitals and places where thewounded and ill are gathered, civil constructions, which are under special protection by international law, prohibited places or demilitarized zones, cities, villages, estate or buildings that are not defended and

targets; long lasting and extensive destruction of the natural environment that could be damaging to the health or the survival of the population; or to the cultural

heritage under high protection or its surrounding to be used for a military action, destruction or conquering larger extend of cultural items protected by international law, stealing or taking away or vandal attacks on a cultural heritage protected by international law.

3) A person who, by violating the rules of international law, as a conqueror, during a war, an armed conflict or an occupation, orders or executes a resettlement or deportation of the all or parts of the civil population to the occupied territory or shall move parts of the its own civilians to the occupied territory, shall be punished with imprisonment of at least five years.