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.
''War crimes against the civil population, Article 404''
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 the wounded 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 do not represent 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 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.
2. For the purpose of this Statute, ‘war crimes’ means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;