военные преступления

2. For the purposes of this Statute, military crimes mean:
a) serious violations of the Geneva Conventions of August 12, 1949, namely any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
I) intentional killing;
II) torture or inhumane treatment, including biological experiments;
III) intentionally causing severe suffering or serious bodily injury or damage to health;
IV) unlawful, wanton and large-scale destruction and appropriation of property not justified by military necessity;
V) compelling a prisoner of war or another protected person persons to service in the armed forces of an enemy state;
VI) intentional deprivation of a prisoner of war or another protected person of the right to a fair and regular trial process;
VII) unlawful deportation or displacement or unlawful deprivation of liberty;
VIII) taking hostages;
b) other serious violations of laws and customs applicable in international armed conflicts within the framework of international law, namely any of the following acts:
I) intentional attacks on civilian population as such or individual civilians not directly participating in hostilities;
II) intentional attacks to civilian objects, i.e., objects which are not military objectives;
III) intentional attacks against personnel, objects, materials, units or transport means involved in humanitarian aid or peacekeeping missions in accordance with the Charter of the United Nations, while they have a right to protection enjoyed by civilians or civilian objects under international law of armed conflict;
IV) intentional commission of an attack when it is known that such an attack will cause unintentional death or injury of civilians or damage to civilian objects or extensive, long-term and serious damage to the surrounding natural environment, which will clearly be disproportionate to the specific and directly expected overall military advantage;
V) attacking unprotected and non-military objectives such as cities, villages, dwellings or buildings, or shelling them using any means whatsoever;
VI) killing or wounding a combatant who has laid down their weapons or no longer has means of defense and unconditionally surrendered;
VII) improper use of the parley flag, national flag, or enemy military insignia or uniform, as well as distinctive emblems established by the Geneva Conventions, conventions leading to death of people or causing them serious physical injuries;
VIII) movement, directly or indirectly, by the occupying power of part of its own civilian population to the territory it occupies, or deportation or movement of part of the population of the occupied territory within the boundaries or outside the boundaries of this territory;
IX) intentional attacks on buildings intended for religious, educational, artistic, scientific or charitable purposes, historical monuments, hospitals and places where the wounded and sick are concentrated, provided that they are not military objectives;
X) causing harm to persons who are under the power of the enemy side, physical injuries or the commission of medical or scientific experiments of any kind that are not justified by the necessity of medical, dental, or hospital treatment of the relevant person and are not carried out in their interest and which cause death or seriously threaten the health of such a person or persons;
XI) treacherous killing or wounding of persons belonging to the enemy nation or army;
XII) a statement that there will be no mercy;
XIII) destruction or seizure of the enemy's property, except in cases where such destruction or seizure is urgently dictated by military necessity;
XIV) declaration of rights and claims of citizens of the opposing party as void, suspended, or inadmissible in court;
XV) compelling citizens of the opposing party to participate in military operations against their own country, even if they were serving the warring side prior to the commencement of hostilities;
XVI) looting of a city or populated area, even if it has been captured by storm;
XVII) use of poison or toxic weapons;
XVIII) use of suffocating, poisonous, or other gases and any similar liquids, materials, or means;
XIX) use of bullets that easily fragment or flatten upon impact with the human body, such as those with a casing, hard shell which does not cover the entire core or has notches;
XX) use of weapons, ammunition and equipment, as well as methods of warfare of such a nature that they cause excessive damage or unnecessary suffering or are indiscriminate in nature in violation of the rules of international law on armed conflicts, provided that such weapons, ammunition, equipment and methods of warfare are subject to comprehensive prohibition and included in the annex to this Statute by amendment in accordance with the relevant provisions set out in articles 121 and 123;
XXI) attack on human advantage, in particular insulting and degrading treatment;
XXII) rape, sexual slavery, forced prostitution, forced pregnancy as defined in paragraph 2 (f) of article 7, forced sterilization and any other forms of sexual violence constituting a grave breach of the Geneva Conventions;
XXIII) using the presence of a civilian or other protected person to shield specific points, areas or military forces from military operations;
XXIV) intentional attacks on buildings, materials, medical facilities and transport means as well as personnel using in accordance with international law, distinctive emblems established by the Geneva Conventions;
XXV) deliberate commission of acts subjecting the civilian population to starvation as a method of warfare by depriving it of objects necessary for survival, including the deliberate creation of obstacles to the provision of assistance, as provided in the Geneva Conventions;
XXVI) recruitment or enlistment of children under fifteen years of age into national armed forces or their use for active participation in hostilities;
c) in the case of a non-international armed conflict, serious violations of Article 3, common for the four Geneva Conventions of 12 August 1949, namely: any of the following acts committed against persons not taking part in hostilities, including wounded soldiers and persons hors de combat due to illness, injury, detention or for any other reason:
I) attacks on life and person, in particular killing in any form, causing bodily harm, cruel treatment and torture;
II) attacks on human dignity, in particular humiliating and degrading treatment;
III) taking of hostages;
IV) pronouncing sentences and carrying them out without prior judicial proceedings conducted by a court established in accordance with prescribed procedures, ensuring compliance with all judicial guarantees that are universally recognized as mandatory;
d) paragraph 2 (c) applies to non-international armed conflicts and therefore does not apply to situations involving the violation of internal order and the emergence of tensions such as riots, isolated and sporadic acts of violence or other similar acts;
e) other serious violations of laws and customs applicable in non-international armed conflicts within the framework of international law, namely any from the following acts:
I) deliberate infliction of blows on civilian population as such, as well as deliberate attacks on individual civilians not directly participating in hostilities;
II) deliberate infliction of blows on buildings, materials, medical institutions and transport vehicles, as well as personnel using, in accordance with international law, the distinctive emblems provided for by the Geneva Conventions;
III) deliberate infliction of blows on personnel, objects, materials, units or transport vehicles involved in humanitarian assistance or in a mission of maintenance of the world in accordance with the Charter of the United Nations, while they have the right to protection enjoyed by civilians or civilian objects under international humanitarian law;
IV) deliberate attacks on buildings intended for religious, educational, artistic, scientific, or charitable purposes, historical monuments, hospitals, and places where wounded and sick persons are concentrated, provided that they are not military objectives;
V) looting of a city or populated area, even if it has been taken by storm;
VI) rape, sexual slavery, forced prostitution, forced pregnancy, as it defined in paragraph 2 (f) of Article 7, forced sterilization and any other forms of sexual violence, also constituting a grave breach of Article 3 common to the four Geneva Conventions;
VII) recruitment or enlistment of children under fifteen years of age into armed forces or groups or their use for active participation in hostilities;
VIII) issuing orders for the displacement of civilian population for reasons related to the conflict, unless such displacement is required by security considerations of the affected civilian population or imperative military necessity;
IX) treacherous killing or wounding combatant of the enemy;
X) statement that no mercy will be shown;
XI) causing physical injuries to persons who are in the power of the other party to the conflict or conducting upon them medical or scientific experiments of any kind which are not justified by the necessity of medical, dental or hospital treatment of the concerned person and are not carried out in his interest and which cause death or seriously threaten the health of such a person or persons;
XII) destruction or seizure of enemy property, except in cases where such destruction or seizure is urgently dictated by the circumstances of the conflict;
f) paragraph 2 (e) applies to non-international armed conflicts and therefore does not apply to situations involving disturbances of internal order or the emergence of tensions such as riots, isolated and sporadic acts of violence or other similar acts. It applies with respect to armed conflicts that occur on the territory of one of the state parties when there is a prolonged armed conflict between governmental authorities and organized armed groups or between such groups themselves.
3. Nothing in paragraphs 2 (c) and (d) affects the responsibility of the government for maintaining or

restoration of law and order in the state or defence of the unity and territorial integrity of the state by all lawful means.

Source: Rome Statute of the International Criminal Court