Article 71Act No. 3815, Sec./Art. 71

Fine.-The fine shall be considered as the last of all the principal penalties listed in the preceding article.

When a fine is so imposed, the duration of the subsidiary liability corresponding thereto, by reason of the insolvency of the offender, shall not exceed that which is provided in rule 2 of article 39.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

groups

or

between

such

groups

within

that

State:

Provided, That such force or armed violence gives rise, or

may

give

rise,

to

a situation to which the Geneva

Conventions of 12 August 1949, including their common

Article 3, apply. Armed conflict may be international, that

is, between two (2) or more States, including belligerent

occupation;

or

non-international,

that

is,

between

governmental authorities and organized armed groups or

between such groups within a state. It does not cover

internal disturbances or tensions such as riots, isolated

and sporadic acts of violence or other acts of a similar

nature.

(d) "Armed forces" means all organized armed forces,

groups and units that belong to a party to an armed

conflict which are under a command responsible to that

party for the conduct of its subordinates. Such armed

forces shall be subject to an internal disciplinary system

which

enforces

compliance

with

International

Humanitarian Law

(e)

"Attack

directed

against

any

civilian

population"

means

a

course

of

conduct

involving

the

multiple

commission of acts referred to in Section 6 of this Act

against

any

civilian

population,

pursuant

to

or

in

furtherance of a State or organizational policy to commit

such attack.

(f)

"Effective

command

and

control"

or

"

effective

authority and control" means having the material ability

to prevent and punish the commission of offenses by

subordinates.

(g) "Enforced or involuntary disappearance of persons"

means the arrest, detention, or abduction of persons by,

or with the authorization support or acquiescence of, a

State or a political organization followed by a refusal to

acknowledge that deprivation of freedom or to give

information on the fate or whereabouts of those persons,

with the intention of removing from the protection of the

law for a prolonged period of time

(h) "Enslavement" means the exercise of any or all of the

powers attaching to the right of ownership over a person

and includes the exercise of such power in the course of

trafficking in persons, in particular women and children.

(i) "Extermination" means the international infliction of

conditions of life, inter alia , the deprivation of access to

food

and

medicine,

calculated

to

bring

about

the

destruction of a part of a population.

(j) " Forced pregnancy" means the unlawful confinement

of a women to be forcibly made pregnant, with the intent

of affecting the ethnic composition of any population

carrying out other grave violations of international law.

(k) " Hors de Combat" means a person who:

(1) is in the power of an adverse party;

(2) has clearly expressed an intention to surrender; or

(3)

has

been

rendered

unconscious

or

otherwise

incapacitated by wounds or sickness and therefore is

incapable of defending himself: Provided, that in any of

these cases, the person form any hostile act and does not

attempt to escape.

(l) "Military necessity" means the necessity of employing

measures which are indispensable to achieve a legitimate

aim of the conflict and are not otherwise prohibited by

International Humanitarian Law

(m) "Non-defended locality" means a locality that fulfills

the following conditions:

(1) all combatants, as well as mobile weapons and mobile

military equipment, must have been evacuated;

(2)

no

hostile

use

of

fixed

military

installations

or

establishments must have been made;

(3) no acts of hostility must have been committed by the

authorities or by the population; and

(4) no activities in support of military operations, must

have been undertaken.

(n) "No quarter will be given' means refusing to spare the

life of anybody, even of persons manifestly unable to

defend themselves or who clearly express their intention

to surrender.

(o) "Perfidy" means acts which invite the confidence of an

adversary to lead him/her to believe he/she is entitled to,

or is obliged to accord, protection under the rules of

International Humanitarian Law, with the intent to betray

that confidence, including but not limited to:

(1) feigning an intent to negotiate under a flag of truce;

(2) feigning surrender;

(3) feigning incapacitation by wounds or sickness;

(4) feigning civilian or noncombatant status; and

(5) feigning protective status by use of signs, emblems or

uniforms of the United Nations or of a neutral or other

State not party to the conflict.

(p) "Persecution" means the international and severe

deprivation

of

fundamental

rights

contrary

to

international law by reason of identity of the group or

collectivity.

(q) "Protect person" in an armed conflict means:

(1) a person wounded, sick or shipwrecked, whether

civilian or military;

(2) a prisoner of war or any person deprived of liberty for

reasons related to an armed conflict;

(3) a civilian or any person not taking a direct part or

having ceased to take part in the hostilities in the power

of the adverse party;

(4) a person who, before the beginning of hostilities, was

considered a stateless person or refugee under the

relevant

international

instruments

accepted

by

the

parties to the conflict concerned or under the national

legislation of the state of refuge or state of residence;

(5)

a

member

of

the

medical

personnel

assigned

exclusively to medical purposes or to the administration

of medical units or to the operation of or administration

of medical transports; or

(6) a member of the religious personnel who is exclusively

engaged in the work of their ministry and attached to the

armed forces of a party to the conflict, its medical units or

medical

transports,

or

non-denominational,

noncombatant military personnel carrying out functions

similar to religious personnel.

(r) " Superior" means:

(1) a military commander or a person effectively acting as

a military commander; or

(2) any other superior, in as much as the crimes arose

from activities within the effective authority and control

of that superior.

(s) "Torture" means the intentional infliction of severe pain

or suffering, whether physical, mental, or psychological,

upon a person in the custody or under the control of the

accused; except that torture shall not include pain or

suffering arising only from, inherent in or incidental to,

lawful sanctions.

(t) "Works and installations containing dangerous forces"

means works and installations the attack of which may

cause the release of dangerous forces and consequent

severe losses among the civilian population, namely:

dams, dikes, and nuclear, electrical generation stations.

CHAPTER III CRIMES AGAINST INTERNATIONAL

HUMANITARIAN LAW, GENOCIDE AND OTHER

CRIMES AGAINST HUMANITY

Section 4. War Crimes. - For the purpose of this Act, "war

crimes"

or

"crimes

against

International

Human

Humanitarian Law" means:

(a) In case of an international armed conflict , grave

breaches of the Geneva Conventions of 12 August 1949,

© Compiled By RGL

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