Part 2 SPECIAL PART
Chapter 8 OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY
Division 4 War Crimes
§ 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.
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;