Serious violations of Common Article 3 - NIAC

Finland

Finland - Criminal Code 1894 (2021) EN

Chapter 11 (212/2008)
War crimes and crimes against humanity

Section 5 (212/2008)
War crime

A person who, in connection with a war or another international or domestic armed conflict or occupation, in violation of the Geneva Conventions for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, relative to the Treatment of Prisoners of War, or relative to the Protection of Civilian Persons in Time of War (Finnish Treaty Series 8/1955, Geneva Conventions), or the Protocols Additional to the Geneva Conventions of 1949, relating to the Protection of Victims of International Armed Conflicts and to the Protection of Victims of NonInternational Armed Conflicts (Finnish Treaty Series 82/1980, Protocols I and II), or other rules and customs of international law on war, armed conflict of occupation,

1) kills another or wounds or tortures him or her, or in violation of his or her interests mutilates him or her or subjects him or her to a biological, medical or scientific experiment, or in another manner causes him or her great suffering or a serious injury or seriously harms his or her health,
2) rapes another person, subjects him or her to sexual slavery, forces him or her into prostitution, pregnancy or sterilisation, or commits other sexual violence of comparable gravity against him or her,
3) destroys, seizes or appropriates property wantonly and without military necessity,
4) in connection with an assault or otherwise pillages a town or another equivalent place,
5) takes or recruits children under 18 years of age into armed forces or into groups in which they are used for hostilities,
6) compels a prisoner of war or another protected person to serve in the armed forces of a hostile power or participate in military action against their own state,
7) deprives a prisoner of war or another protected person of the rights to a fair and regular trial or in another manner deprives him or her of legal guarantees,
8) launches an attack that causes a loss of human life or injuries or widespread, long-term and severe environmental damage that are clearly excessive in relation to the concrete and direct military advantage anticipated,
9) attacks a civilian population, civilians not taking part in hostilities or civilian objects or persons engaged in tasks referred to in the Charter of the United Nations (Finnish Treaty Series 1/1956) or property used by them,
10) attacks undefended civilian objects or bombards them, attacks places intended for religious worship, science, art, medical treatment or charity or historical monuments, or attacks persons who are using the distinctive emblems referred to in the Geneva Conventions or their Protocol I or III,
11) makes improper use of the flag of truce, the flag of the enemy, the flag of the United Nations, military insignia, a military uniform or the distinctive emblems referred to in the Geneva Conventions or their Protocol I or III,
12) unlawfully confines or forcibly transfers or deports population or parts of it,
13) takes persons as hostages, declares that no quarter will be given, uses civilians or other protected persons to shield military objectives, deprives civilians of foodstuffs or other objects indispensable to their survival or of relief supplies, or uses other means of warfare prohibited under international law, or
14) uses poison or a poisoned weapon, asphyxiating or toxic gases or other equivalent substances, or weapons, ammunition or materiel that cause excessive injuries or unnecessary suffering, or chemical, biological or other prohibited weapons or ordnance shall be sentenced for a war crime to imprisonment for at least one year or for life.

Rome Statute

Article 8 War crimes

2. For the purpose of this Statute, ‘war crimes’ means:

(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.