The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:
causes severe pain or suffering or serious injury or danger, whether physical or mental, to a person protected by international humanitarian law by subjecting that person to a medical procedure that is not justified by the person’s state of health and which does comply with generally recognised medical principles;
1 commits rape in accordance with Article 190 paragraph 2 or 3 or an indecent assault in accordance with Article 189 paragraph 2 or 3 of comparable severity on a person protected by international humanitarian law, abuses that person by committing a sexual act of comparable severity, or forces that person into prostitution or to be sterilised or, after she has been forcibly made pregnant, confines her unlawfully with the intent of affecting the ethnic composition of a population;
subjects a person protected by international humanitarian law to especially humiliating and degrading treatment.
In especially serious cases, and in particular where the offence affects a number of persons or the offender acts in a cruel manner, a custodial sentence of life may be imposed.
In less serious cases, a custodial sentence of not less than one year may be imposed.
Footnotes
Amended by No I 1 of the FA of 16 June 2023 on a Revision of the Law on Sex Offences, in force since 1 July 2024 (AS 2024 27;BBl 2018 2827; 2022 687,1011). ↩
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