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War and War CrimesThe Military, Legitimacy and Success in Armed Conflict$

James Gow

Print publication date: 2013

Print ISBN-13: 9780199327027

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780199327027.001.0001

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(p.145) Annex A Statute of the International Criminal Tribunal for the Former Yugoslavia (Extract)

(p.145) Annex A Statute of the International Criminal Tribunal for the Former Yugoslavia (Extract)

Source:
War and War Crimes
Publisher:
Oxford University Press

Article 2 Grave Breaches of the Geneva Conventions of 1949

The International Tribunal shall have the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

  1. (a) Wilful killing;

  2. (b) Torture or inhuman treatment, including biological experiments;

  3. (c) Wilfully causing great suffering or serious injury to body or health;

  4. (d) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

  5. (e) Compelling a prisoner of war or a civilian to serve in the forces of a hostile power;

  6. (f) Wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial;

  7. (g) Unlawful deportation or transfer or unlawful confinement of a civilian;

  8. (h) Taking civilians as hostages.

(p.146) Article 3 Violations of the Laws or Customs of War

The International Tribunal shall have the power to prosecute persons violating the laws or customs of war. Such violations shall include, but not be limited to:

  1. (a) Employment of poisonous weapons or other weapons calculated to cause unnecessary suffering;

  2. (b) Wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

  3. (c) Attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings;

  4. (d) Seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and science;

  5. (e) Plunder of public or private property.

Article 4 Genocide

  1. 1. The International Tribunal shall have the power to prosecute persons committing genocide as defined in paragraph 2 of this article or of committing any of the other acts enumerated in paragraph 3 of this article.

  2. 2. Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

    1. (a) Killing members of the group;

    2. (b) Causing serious bodily or mental harm to members of the group;

    3. (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

    4. (d) Imposing measures intended to prevent births within the group;

    5. (e) Forcibly transferring children of the group to another group.

  3. 3. The following acts shall be punishable:

    1. (a) Genocide;

    2. (b) Conspiracy to commit genocide;

    3. (c) Direct and public incitement to commit genocide;

    4. (p.147) (d) Attempt to commit genocide;

    5. (e) Complicity in genocide.

Article 5 Crimes against Humanity

The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population:

  1. (a) Murder;

  2. (b) Extermination;

  3. (c) Enslavement;

  4. (d) Deportation;

  5. (e) Imprisonment;

  6. (f) Torture;

  7. (g) Rape;

  8. (h) Persecutions on political, racial and religious grounds;

  9. (i) Other inhumane acts.

(p.148)