Chapter 2
Special part
Other types of crime during armed conflict
§37 Punishment by imprisonment for up to six years for plundering shall be imposed on anybody who in order to obtain for himself/herself or others unjustified benefits by exploiting the fear of war or the fear of the forces to which the person in question belongs, deliberately
1) takes or steals a tangible object from a stranger
2) brings such a stolen object to safety or
3) forces anybody to commit an act or an omission which will lead to loss of property for the person attacked or for anybody on whose behalf such a person is acting.
(2) The punishment can be extended to ten years’ imprisonment when the plundering is of a particularly grave nature, mainly because of its particularly dangerous nature, the way it is committed, or the extent of the benefit gained or intended, or when a large number of crimes have been committed.
§38 Anybody who deliberately during armed conflict unjustly acquires objects from a person who has been killed in war action shall be punished for robbery from a body with imprisonment for up to 18 months.
(2) The punishment can be extended to six years’ imprisonment when the crime is of a particularly grave nature, mainly because of the extent or the method.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.