PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

1. GENERAL PART

Article 5:
Superior orders and proscription of law

1. The fact that a crime included in art. 7 and 8 of the present Law has been committed by a person pursuant to an order of a superior, whether military or civilian, shall not relieve that person of criminal responsibility.

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

Article 7
Genocide

Anyone who, with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Kills members of the group,
(b) Causes serious bodily or mental harm to members of the group (art. 310 par. 2 of the Cr.C.),
(c) Deliberately inflicts on the group conditions of life calculated to bring about its physical destruction in whole or in part,
(d) Imposes measures intended to prevent births within the group,
(e) Forcibly transfers children of the group to another group, thus creating by himself or in co-perpetration with others danger for the existence of this group, shall be sentenced: (i) in case of
subpar. (a) with the penalty of life imprisonment (ii) in cases of subpar. (b) —(e) with a term of incarceration from 5-20 years. If the commission of the act resulted to the death of a person, a term of incarceration of at least 10 years of duration shall be imposed.