The penalty is a custodial sentence of not less than three years for any person who, in connection with an armed conflict:
launches an attack although they know or must reasonably believe that such an attack will cause loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
uses a person protected by international humanitarian law as a human shield in order to influence military operations;
as a method of warfare, pillages or otherwise unlawfully appropriates property or destroys or seizes enemy property in a way not imperatively demanded by the necessities of war, deprives civilians of objects indispensable to their survival or impedes relief supplies;
kills or wounds an enemy combatant treacherously or after the enemy has laid down their arms or no longer has a means of defence;
mutilates a dead enemy combatant;
as the commander orders that no quarter be given or threatens the enemy that no quarter will be given;
makes improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, or the distinctive emblems under international humanitarian law;
as a member of an occupying power, transfers parts of its own civilian population into the territory it is occupying or deports all or parts of the population of the occupied territory within or outside that territory.
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.
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