Compelling a protected person to serve in the forces of a hostile power - IAC

Montenegro

Montenegro - Criminal Code 2003 (2018) (EN)

Article 428
(1) Whoever, in violation of the rules of international law, in time of war, armed conflict or occupation orders an attack upon civilian population, settlement, individual civilians, incapacitated persons or personnel or installations involved in a humanitarian assistance or peacekeeping mission; an indiscriminate attack affecting the civilian population or civilian facilities under special protection of international law; launching an attack on military objective in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects which would be clearly excessive in relation to the military advantage anticipated; orders action against civilian population so as to physically injure, torture, treat inhumanly, use in biological, medical and other scientific experiments or take tissue or organs for transplantation, or to perform other acts causing harm to health or great suffering, or ordering the displacement or movement or forcible change of nationality or religion; coercion to prostitution or rape; taking of measures of intimidation and terror, taking of hostages, collective sentencing, unlawful placing under arrest and detention; deprivation of the right to a just and impartial trial; proclamation of rights and acts of nationals of the opposite party forbidden, suspended or not allowed in court procedure; compelling to serve in the armed forces of a hostile power or in its intelligence service or administration; compulsory recruitment of persons under the age of eighteen years into the armed forces; forced labour; starvation of population; large-scale misappropriation, seizing or destroying of the population's property which is not imperatively demanded by the necessities of war; taking an illegal and disproportionate contribution or requisition; devaluation of domestic money or the unlawful issuance of money or who commits any of the foregoing offences shall be punished by a prison sentence for a minimum term of five years.

Rome Statute

Article 8 War 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:

(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;