Part 1 GENERAL PART
Chapter 1 GENERAL PROVISIONS
§ 5. Temporal applicability of penal law
(4) Offences against humanity and war crimes shall be punishable regardless of the time of commission of the offence.
Part 1 GENERAL PART
Chapter 6 LIMITATION PERIODS
§ 81. Limitation period of offence
(2) Crimes of aggression, crimes of genocide, crimes against humanity, war crimes and criminal offences for which life imprisonment is prescribed do not expire.
Part 2 SPECIAL PART
Chapter 8 OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY
Division 4 War Crimes
§ 94. Punishment for offences not provided for in this Division
(1) Offences committed in war time which are not provided for in this Division are punishable on the basis of other provisions of the Special Part of this Code.
(2) A person who commits an offence provided for in this Division shall be punished only for the commission of a war crime even if the offence comprises the necessary elements of other offences provided for in the Special Part, except for the necessary elements of criminal offences provided for in Divisions 2 and 3 of this Chapter.
§ 95. Acts of war against civilian population
(1) Attacking of civilians in war zones or destroying or rendering unusable food or water supplies, sown crops or domestic animals indispensable for the survival of civilian population, hindering access thereto or attacking structures or equipment containing dangerous forces, is punishable by six to twenty years’ imprisonment or life imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 96. Illegal use of means of warfare against civilians
(1) Use of means of warfare in a manner not allowing discriminating between military and civilian objects and thereby causing of death of civilians, health damage to civilians, damage to civilian objects or danger to the life, health or property of civilians is punishable by six to twenty years’ imprisonment or life imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 97. Attacks against civilians
(1) Commission of an act of violence against a civilian or threatening with it in a war zone or an occupied territory, endangering of him or her or failure to provide assistance to him or her, his or her inhuman treatment, compelling him or her to participate in human researches or to supply organ or tissue, commission of an offence against sexual self-determination with respect to him or her, compelling to serve in the armed forces or participate in military operations of a hostile state, illegal deprivation of liberty or deprivation of the right to fair trial, and displacement of residents of an occupying state in an occupied territory or displacement of residents of an occupied territory is punishable by six to fifteen years’ imprisonment.
(2) Killing of a civilian in a war zone or in an occupied territory or commission of the act provided for in subsection (1) of this section with respect to him or her, if this:
1) causes the death of the victim; or
2) leads the victim to suicide or an attempt of suicide,
is punishable by eight to twenty years’ imprisonment or life imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
§ 98. Unlawful treatment of persons
(1) Mistreatment of a prisoner of a hostile party, including a prisoner of war or an interned civilian, or failure to perform his or her duties by A person required to take care of them, if this caused the situation of the prisoners to deteriorate but the act does not contain the necessary elements of an offence provided for in § 99 of this Code§ 99 of this Code is punishable by a pecuniary punishment or up to three years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 98.1. Restriction of rights of civilians and prisoners of war
(1) Unlawful restriction of the rights of civilians or prisoners of war on the basis of his or her nationality, citizenship, race, colour, sex, language, origin, religion, sexual orientation, political opinion, financial or social status is punishable by a pecuniary punishment or up to five years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 99. Attacks against prisoners
(1) Commission of an act of violence against a prisoner of a hostile party, including a prisoner of war or an interned civilian, or threatening with it, endangering of him or her or failure to provide assistance to him or her, compelling him or her to participate in human research or to supply organs or tissue, inhuman treatment of him or her, commission of an offence against sexual self-determination with respect to him or her, compelling him or her to serve in armed forces or deprivation of his or her right to fair trial, and unjustified delay in his or her release or repatriation, is punishable by six to fifteen years’ imprisonment.
(2) The same act, if it:
1) causes the death of the victim; or
2) leads the victim to suicide or an attempt of suicide,
is punishable by eight to twenty years’ imprisonment or life imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.
§ 100. Refusal to provide assistance to sick, wounded or shipwrecked persons
(1) Refusal to provide assistance to a sick, wounded or shipwrecked person in a war zone, if such refusal causes the death of or health damage to the person, is punishable by three to twelve years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 100.1. Traitorous attach against combatant
(1) Killing of enemy combatants, causing serious damage to their health or their imprisonment in a manner which is prohibited under international humanitarian law is punishable by six to fifteen years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 101. Attack against combatant hors de combat
(1) Commission of an act of violence against enemy combatants or threatening them with it after they are placed hors de combat by sickness, wounds or another reason or commission of an offence against sexual self-determination with respect to them is punishable by six to fifteen years’ imprisonment.
(2) Killing of enemy combatants after they are placed hors de combat by sickness, wounds or another reason or commission of an act provided for in subsection (1) of this section, if this:
1) causes the death of the victim; or
2) leads the victim to suicide or an attempt of suicide,
is punishable by eight to twenty years’ imprisonment or life imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.
§ 102. Attacks against protected persons
(1) Commission of an act of violence against or commission of an offence against sexual self-determination with respect to a member of a medical unit with proper distinguishing marks, or any other person attending to sick or wounded persons, a minister of religion, a representative of an humanitarian organisation performing his or her duties in a war zone or a representative of the peacekeeping mission, a civil-defence worker, a member of a parliament, or a person accompanying such person or threatening with it, endangering of him or her or failure to provide assistance to him or her, his or her inhuman treatment, compelling him or her to participate in human researches or to supply organ or tissue, his or her unlawful deprivation of liberty or of his or her right to fair trial is punishable by six to fifteen years’ imprisonment.
(2) Killing of a member of a medical unit with proper distinguishing marks, or any other person attending to sick or wounded persons, a minister of religion, a representative of an humanitarian organisation performing his or her duties in a war zone or a or representative of the peacekeeping mission, a civil-defence worker, a member of a parliament, or a person accompanying such person or commission of the act with respect to him or her provided for in subsection (1) of this section, if this:
1) causes the death of the victim; or
2) leads the victim to suicide or an attempt of suicide,
is punishable by eight to twenty years’ imprisonment or life imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
§ 102.1. Declaration of unpardonable conduct
(1) Declaration of not saving the life of an enemy combat or a protected person in the course of a military operation or invitation to do so is punishable by one to five years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 102.2. Use of human shields
(1) Protecting of specific military objects, areas or armed forces against military attacks by taking advantage of the presence of civilians or another people, is punishable by one to five years’ imprisonment.
(2) The same act, if it:
1) causes the death of the victim; or
2) leads the victim to suicide or an attempt of suicide,
is punishable by six to fifteen years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.
§ 102.3. Engagement of children in armed conflicts
(1) Acceptance or recruitment of a person younger eighteen years of age in national armed forces or armed units separate from the national armed forced or engagement in acts of war is punishable by one to five years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 103. Use of prohibited weapons
(1) Use of biological, bacteriological or chemical weapons or other weapons of mass destruction, toxic weapons, toxic or asphyxiating gases, booby traps, i.e. explosives disguised as small harmless objects, expanding bullets, weapons injuring by fragments which escape X-rays, or other internationally prohibited weapons, or large-scale use of incendiary weapons under conditions where the military objective cannot be clearly separated from civilian population, civilian objects or the surrounding environment, is punishable by three to twelve years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 104. Environmental damage as method of warfare
(1) Knowing affecting of the environment as a method of warfare, if major damage is thereby caused to the environment, is punishable by a pecuniary punishment or up to five years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 105. Exploitative abuse of emblems and marks designating international protection
(1) Exploitative abuse of an emblem or name of the red cross, red crescent or red lion and Sun or red crystal, or of a distinctive mark of a structure containing a camp of prisoners of war, a cultural monument, civil defence object or dangerous forces, or of the flag of truce, is punishable by a pecuniary punishment or up to three years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 106. Attacks against non-military objects
(1) An attack against an object not used for military purposes, an object of a peacekeeping mission or means of transport, a demilitarised zone, hospital zone, medical institution or unit, a camp of prisoners of war or an internment camp, a settlement or structure without military protection, a neutral cargo vessel, aircraft or hospital ship or aircraft, or any other means of transport used for transportation of non-combatants, is punishable by a pecuniary punishment or up to five years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 107. Attacks against cultural property
(1) Destruction, damaging or illegal appropriation of a cultural monument, church or other structure or object of religious significance, a work of art or science, an archive of cultural value, a library, museum or scientific collection not used for military purposes is punishable by a pecuniary punishment or two to ten years' imprisonment.
(2) The same act, if major damage is caused, is punishable by three to fifteen years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.
§ 108. Offences against property in war zone or occupied territory
(1) Illegal conquering of a thing of another, damaging or destruction of the thing in a war zone or an occupied territory by A person belonging to the armed forces or participating in acts of war, if such act is not required by military necessity and lacks the necessary elements of an offence provided for in § 95, 106 or 107 of this Code§ 95, 106 or 107 of this Code,
is punishable by two to ten years’ imprisonment.
(2) The same act, if committed:
1) on a large-scale basis;
2) systematically;
3) by intrusion,
is punishable by three to fifteen years’ imprisonment.
(3) The same act, if committed with regard to an object of small value and if no violence was used upon commission of the act and in the absence of the qualifying circumstances provided for in subsection (2) of this section, is punishable by a fine of up to 300 fine units or by detention.
(4) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.
(5) An act provided for in subsection (3) of this section, if committed by a legal person, is punishable by a fine of up to 10,000 euros.
§ 109. Marauding
(1) Removal of an object adjacent to a person who has died or sustained wounds on the battlefield with the intention of illegal appropriation is punishable by one to five years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
Part 2 SPECIAL PART
Chapter 9 OFFENCES AGAINST THE PERSON
Division 6 Offences against Liberty
§ 135. Hostage taking
(1) Imprisonment of a person in order to compel, under the threat to kill, detain or cause health damage to the person, a third person to commit or consent to an act
is punishable by three to twelve years’ imprisonment.
(2) The same act, if committed against a person of less than eighteen years of age, is punishable by five to fifteen years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
Part 2 SPECIAL PART
Chapter 9 OFFENCES AGAINST THE PERSON
Division 6 Offences against Liberty
§ 138. Illegal conduct of human research
(1) Conduct of medical or scientific research on a person who has not granted consent thereto pursuant to the procedure prescribed by law or who before granting such consent was not notified of the essential potential dangers arising from the research is punishable by a pecuniary punishment or up to three years’ imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 138.1. Forcing person to donate organs or tissue
(1) Placing a person in a situation where organs, tissue or cells are removed from him or her, if such act is performed through deprivation of liberty, violence, deceit, threatening to cause damage, by taking advantage of dependence on another person, helpless situation or vulnerable situation of the person and such act does not contain the necessary elements of an offence provided for in § 118 of this Code,
is punishable by up to five years’ imprisonment.
(2) The same act if:
1) committed against two or more persons;
2) committed against a person of less than eighteen years of age;
3) committed against a person in a helpless situation;
4) committed in a torturous or cruel manner;
5) serious health damage is caused thereby;
6) danger to life is caused thereby;
7) committed by a group;
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8) committed by taking advantage of official position,
9) serious consequences are caused thereby;
is punishable by two to ten years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
(4) For the criminal offence provided for in this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.
(5) For the purposes of this section, vulnerable situation is a situation where a person lacks an actual or acceptable opportunity not to be placed in a situation specified in subsection (1) of this section.
§ 139. Illegal removal of organs or tissue
(1) Removal, for transplantation purposes, of human organs or tissue by a person with the corresponding right arising from law, if the person from whom the organs or tissue are removed has not been notified of the essential potential dangers arising from the removal of organs or tissue before he or she grants consent thereto, or if the person removing the organs or tissue was aware that the person from whom the organs or tissue are removed will receive remuneration therefor,
is punishable by a pecuniary punishment or up to one year's imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
§ 140. Inducing person to donate organs or tissue
(1) Illegal inducing of a person to grant a consent for removal of his or her organs, tissue or cells, if the act does not contain the necessary elements of an offence specified in §§ 118 or 1381 of this Code,
is punishable by a pecuniary punishment or up to one year's imprisonment.
(2) The same act, if committed against a person of less than eighteen years of age, is punishable by up to five years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
Part 2 SPECIAL PART
Chapter 9 OFFENCES AGAINST THE PERSON
Division 7 Offences against Sexual Self-determination
§ 141. Rape
(1) Sexual intercourse with a person against his or her will by using force or taking advantage of a situation in which the person is not capable of initiating resistance or comprehending the situation
is punishable by one to six years’ imprisonment.
(2) The same act:
1) if committed against a person of less than eighteen years of age;
2) if committed by a group;
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3) if serious damage is thereby caused to the health of the victim;
4) it causes the death of the victim;
5) it leads the victim to suicide or a suicide attempt; or
6) if committed by a person who has previously committed a criminal offence provided in this Division; or
7) if committed by the offender by taking advantage of the situation caused to the victim by means of narcotic or psychotropic substances in which the person is not capable of initiating resistance or comprehending the situation is punishable by six to fifteen years’ imprisonment.
To declare the sanction of subsection 141 (2) of the Penal Code to be in conflict with the Constitution and repealed to the extent that it prescribes 6 years' imprisonment as minimum term of punishment for commission of an act of sexual nature without using force with a child younger than ten years of age.
(2.1) An act provided for in subsection (2) of this section, if committed by a person who has previously been punished:
1) for a criminal offence provided for in clause (2) 6) of this section;
2) for a criminal offence provided for in clause 1411 (2) 6) of this code; or
3) at least twice for an intentional criminal offence in the first degree where serious health damage is the consequence which constitutes the necessary elements of an offence,
shall be punished by six to fifteen years’ imprisonment or life imprisonment.
(3) An act provided for in subsections (1), (2) or (21 ) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
(4) For criminal offence provided for in clause (2) 1) of this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(c) War crimes;
1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such 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:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
(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:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
(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;
(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(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;
(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(v) Pillaging a town or place, even when taken by assault;
(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;
(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
(ix) Killing or wounding treacherously a combatant adversary;
(x) Declaring that no quarter will be given;
(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;
(xiii) Employing poison or poisoned weapons;
(xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(xv) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions.
(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.