Section 18p. 18

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(xi)

Killing

or

wounding

treacherously

individuals

belonging to the hostile nation or army;

(xii) Declaring that no quarter will be given;

(xiii) Destroying or seizing the enemy's property unless

such destruction or seizure be imperatively demanded by

the necessities of war;

(xiv) Declaring abolished, suspended or inadmissible in a

court of law the rights and actions of the nationals of the

hostile party;

(xv) Compelling the nationals of the hostile party to take

part in the operations of war directed against their own

country, even if they were in the belligerent's service

before the commencement of the war;

(xvi) Pillaging a town or place, even when taken by

assault;

(xvii) Employing poison or poisoned weapons;

(xviii) Employing asphyxiating, poisonous or other gases,

and all analogous liquids, materials or devices;

(xix) Employing bullets which expand or flatten easily in

the human body, such as bullets with a hard envelope

which does not entirely cover the core or is pierced with

incisions;

(xx) Employing weapons, projectiles and material and

methods of warfare which are of a nature to cause

superfluous injury or unnecessary suffering or which are

inherently indiscriminate in violation of the international

law of armed conflict, provided that such weapons,

projectiles and material and methods of warfare are the

subject of a comprehensive prohibition and are included

in

an

annex

to

this Statute, by an amendment in

accordance with the relevant provisions set forth in

articles 121 and 123;

(xxi)

Committing

outrages upon personal dignity, in

particular humiliating and degrading treatment;

(xxii)

Committing

rape,

sexual

slavery,

enforced

prostitution, forced pregnancy, as defined in article 7,

paragraph 2 (f), enforced sterilization, or any other form of

sexual violence also constituting a grave breach of the

Geneva Conventions;

(xxiii) Utilizing the presence of a civilian or other protected

person to render certain points, areas or military forces

immune from military operations;

(xxiv) Intentionally directing attacks against buildings,

material, medical units and transport, and personnel

using the distinctive emblems of the Geneva Conventions

in conformity with international law;

(xxv)

Intentionally

using

starvation

of

civilians

as

a

method

of

warfare

by

depriving

them

of

objects

indispensable

to

their

survival,

including

wilfully

impeding

relief

supplies

as

provided

for

under the

Geneva Conventions;

(xxvi) Conscripting or enlisting children under the age of

fifteen years into the national armed forces or using them

to participate actively in hostilities.

(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.

(d) Paragraph 2 (c) applies to armed conflicts not of an

international

character

and

thus

does not apply to

situations of internal disturbances and tensions, such as

riots, isolated and sporadic acts of violence or other acts

of a similar nature.

(e) Other serious violations of the laws and customs

applicable in armed conflicts not of an international

character,

within

the

established

framework

of

international law, namely, any of the following acts:

(i)

Intentionally

directing attacks against the civilian

population as such or against individual civilians not

taking direct part in hostilities;

(ii)

Intentionally

directing

attacks

against

buildings,

material, medical units and transport, and personnel

using the distinctive emblems of the Geneva Conventions

in conformity with international law;

(iii)

Intentionally

directing

attacks against personnel,

installations, material, units or vehicles involved in a

humanitarian

assistance

or peacekeeping mission in

accordance with the Charter of the United Nations, as

long as they are entitled to the protection given to

civilians or civilian objects under the international law of

armed conflict;

(iv)

Intentionally

directing

attacks

against

buildings

dedicated to religion, education, art, science or charitable

purposes,

historic

monuments,

hospitals

and

places

where the sick and wounded are collected, provided they

are not military objectives;

(v) Pillaging a town or place, even when taken by assault;

(vi) Committing rape, sexual slavery, enforced prostitution,

forced pregnancy, as defined in article 7, paragraph 2 (f),

enforced

sterilization,

and

any other form of sexual

violence also constituting a serious violation of article 3

common to the four Geneva Conventions;

(vii) Conscripting or enlisting children under the age of

fifteen years into armed forces or groups or using them to

participate actively in hostilities;

(viii) Ordering the displacement of the civilian population

for reasons related to the conflict, unless the security of

the civilians involved or imperative military reasons so

demand;

(ix)

Killing

or

wounding

treacherously

a

combatant

adversary;

(x) Declaring that no quarter will be given;

(xi) Subjecting persons who are in the power of another

party to the conflict to physical mutilation or to medical

or scientific experiments of any kind which are neither

justified by the medical, dental or hospital treatment of

the person concerned nor carried out in his or her

interest, and which cause death to or seriously endanger

the health of such person or persons;

(xii) Destroying or seizing the property of an adversary

unless such destruction or seizure be imperatively

demanded by the necessities of the conflict;

(f) Paragraph 2 (e) applies to armed conflicts not of an

international

character

and

thus

does not apply to

situations of internal disturbances and tensions, such as

riots, isolated and sporadic acts of violence or other acts

of a similar nature. It applies to armed conflicts that take

place in the territory of a State when there is protracted

armed conflict between governmental authorities and

organized armed groups or between such groups.

© Compiled by RGL

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