Privar deliberadamente a un prisionero de guerra de su derecho a ser juzgado legítima e imparcialmente – CAI

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.

Article 430
(1) Whoever, in violation of rules of international law, orders infliction of bodily injuries, torture, inhuman treatment of the prisoners of war, including therein biological, medical or other scientific experiments, removal of tissue or organs for transplantation or other acts causing injury to health or great sufferings or orders the compelling to serve in the armed forces of a hostile Power or the depriving of the right to a fair and regular trial, or who commits any of the foregoing acts, shall be punished by a prison sentence for a minimum term of five years.
(2) Whoever in the time of war, armed conflict or occupation orders killings of the prisoners of war or who commits such a crime shall be punished by a prison sentence for a term not shorter than ten years or by a long-term prison sentence.

Article 437
Whoever, in violation of rules of international law, treats inhumanly the wounded, sick or prisoners of war, or who prevents or denies their access to the rights vested in them under such rules or who orders the commission of such offences shall be punished by a prison sentence for a term from six months to five years.

Estatuto de Roma

Artículo 8 Crímenes de guerra

2. A los efectos del presente Estatuto, se entiende por "crímenes de guerra":

(a) Infracciones graves de los Convenios de Ginebra de 12 de agosto de 1949, a saber, cualquiera de los siguientes actos contra personas o bienes protegidos por las disposiciones del Convenio de Ginebra pertinente:

(vi) El hecho de privar deliberadamente a un prisionero de guerra o a otra persona protegida de su derecho a ser juzgado legítima e imparcialmente;