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Crimes In Violation Of International Law

TITLE II CRIMES IN VIOLATION OF INTERNATIONAL LAW
CHAPTER I FUNDAMENTAL CRIMES

Article 269- Genocide.
Whoever, in time of war or in time of peace, with intent to destroy, in whole or in part, a nation, nationality, ethnical, racial, national, colour, religious or political group, organizes, orders or engages in:
(a)    Killing, bodily harm or serious injury to the physical or mental health of members of the group, in any way whatsoever or causing them to disappear; or
(b)    Measures to prevent the propagation or continued survival of its members or their progeny; or
(c)    The compulsory movement or dispersion of peoples or children or their placing under living conditions calculated to result in their death or disappearance,
is punishable with rigorous imprisonment from five years to twenty-five years, or, in more serious cases, with life imprisonment or death.

Article 270- War Crimes against the Civilian Population.
Whoever, in time of war, armed conflict or occupation organizes, orders or engages in, against the civilian population and in violation of the rules of public international law and of international humanitarian conventions:
(a)    Killings, torture or inhuman treatment, including biological experiments, or any other acts involving dire suffering or bodily harm, or injury to mental or physical health; or
(b)    Willful reduction to starvation, destitution or general ruination through the depreciation, counterfeiting or systematic debasement of the currency; or
(c)    The compulsory movement or dispersion of the population, its systematic deportation, transfer or detention in concentration camps or forced labour camps; or
(d)    Forcible enlistment in the enemy’s defence forces, intelligence services or administration; or
(e)    Denationalization or forcible religious conversion; or
(f)    Compulsion to acts of prostitution, debauchery or rape; or
(g)    Measures of intimidation or terror, the taking or hostages or the imposition of collective punishments or reprisals; or
(h)    The confiscation of estates, the destruction or appropriation of property, the imposition of unlawful or arbitrary taxes or levies, or of taxes or levies disproportionate to the requirements of strict military necessity; or
(i)    The confiscation, destruction, removal, rendering useless or appropriation of property such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, health centers, schools; or
(j)    The destruction, removal, attack, rendering useless or appropriation of the historical monuments, works of art, or places of worship or using them in support of military effort; or
(k)    Withholding the provision of clothing, bedding, means of shelter, medical supplies and other supplies essential to the survival of the civilian population of the occupied territory; or
(l)    Attacking, displacing, causing to disappear or mistreating persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant international instruments or under the national legislation of the State of refuge or State of residence; or
(m)    Recruiting children who have not attained the age of eighteen years as members of defence forces to take part in armed conflict; or
(n)    Using any means or method of combat against the natural environment to cause widespread, long term and severe damage and thereby to prejudice the health or survival of the population; or
(o)    Attacking dams, dykes, and nuclear electrical generating stations, if their attack causes the release of dangerous forces and consequent severe losses among the civilian population; or
(p)    Passing of sentences and carrying out of executions without previous judgment pronounced by a regularly constituted Court which affords all the judicial guarantees,
Is punishable with rigorous imprisonment from five years to twenty-five years, or, in more serious cases, with life imprisonment or death.

Article 271- War Crimes against Wounded, Sick or Shipwrecked Persons or Medical Services.
(1)    Whoever, in the circumstances defined above, organizes, orders or engages in:
(a)    Killings, torture, withholding medical care and attention required by their condition or inhuman treatment or other acts  entailing direct suffering or physical or mental injury to wounded, sick or shipwrecked persons, or to members of the medical or first aid service; or
(b)    The destruction, rendering unserviceable or appropriation of supplies, installations, transport materials or stores belonging to the medical or first aid services, in a manner which is unlawful, arbitrary or disproportionate to the requirements of strict military necessity; or
(c)    Compelling persons engaged in medical, religious and journalistic activities to perform acts or to carry out work contrary to or to refrain from acts required by their respective professional rules and ethics or other rules designed for the benefit of the wounded, sick or civilian population.
Is punishable in accordance with Article 270.
(2) For the purpose of Sub-article (1):
(a)  “wounded” and “sick” means persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, newly born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility.
(b) “shipwrecked” means persons, whether military or civilian, who are in peril at sea or in other waters or in the air as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility.

Article 272- War Crimes against Prisoners and Interned Persons.
Whoever, in the circumstances defined above:
(a)    organizes, orders or engages in killings, acts of torture or inhuman treatment or acts entailing dire suffering or injury to prisoners of war or interned persons; or
(b)    compels such persons to enlist in the enemy’s defence forces or intelligence or administrative services,
is punishable in accordance with Article 270.

Article 273- Pillage, Piracy and Looting.
Whoever organizes, orders or engages in looting, piracy, pillage, economic spoliation or the unlawful destruction or removal of property on the pretext of military necessity.
Is punishable in accordance with Article 270.

Article 274- Provocation and Preparation.
Whoever, with the object of committing, permitting or supporting any of the crimes provided for in the preceding Articles:
(a)    publicly provokes or encourages, by word of mouth, images or writings; or
(b)    conspires towards or plans with another, urges the formation of, or himself forms a band or group, joins such a band or group, adheres to its schemes or obeys its instructions,
is punishable with rigorous imprisonment not exceeding five years.

Article 275- Dereliction of Duty Towards the Enemy.
Whoever, in time of war and contrary to public international law and humanitarian conventions:
(a)    Kills or wounds an enemy who has surrendered or laid down his arms, or who for any other reason is incapable of defending, or has ceased to defend, himself; or
(b)    Mutilates a dead person; or
(c)    Lays hands on or does violence to a wounded, sick or dead enemy on the field of battle, with intent to rob or plunder him; or
(d)    Orders one of the above acts,
Is punishable with rigorous imprisonment, or, in cases of exceptional gravity, with life imprisonment or death.

Article 276- Use of Illegal Means of Combat.
Whoever uses, or orders to be used, against the enemy any means or method of combat expressly forbidden by Ethiopian law or international conventions to which Ethiopia is a party,
is punishable with simple imprisonment for not less than three months; or, if the crime is grave, with rigorous imprisonment from five years to twenty-five years; or, in the gravest cases, with life imprisonment or death.

Article 277- Breach of Armistice or Peace Treaty.
Whoever, having been officially informed of an armistice or peace treaty duly concluded and contrary to the orders given, continues hostilities, or in any other way knowingly infringes one of  the agreed conditions,
is punishable with simple imprisonment, or, in more serious cases, with rigorous imprisonment not exceeding ten years.

Article 278- Franc Tireurs.
Whoever, not being a member of an armed force or auxiliaries recognized by the Ethiopian government authorities, engages, in time of war and contrary to public international law, in hostile acts against the Ethiopian Defence Force, its services or its lines or means of communication or transport.
is punishable with rigorous imprisonment from five years to twenty-five years, or, in cases of exceptional gravity, with life imprisonment or death.

Article 279- Maltreatment of, or Dereliction of Duty towards, Wounded, Sick or Prisoners.
Whoever, in violation of the rules of public international law, maltreats a sick or wounded person, or a prisoner of war or war internee, or uses violence against him, or prevents him from exercising or makes it impossible for him to exercise, the rights guaranteed to him by such rules, or issues orders to the same effect,
is punishable with rigorous imprisonment not exceeding five years.

Article 280- Denial of Justice.
Whoever, in time of war or occupation and in violation of the rules of public international law, deprives a civilian, a wounded person, a prisoner or an internee, of his right to be tried according to law guaranteeing him human treatment and the free exercise of his right to defend himself, or orders such deprival,
is punishable with simple imprisonment from three years to five years.

CHAPTER II CRIMES AGAINST HUMANITARIAN ORGANIZATIONS

Article 281- Hostile Acts against International Humanitarian Organizations.
(1)    Whoever intentionally and in time of peace:
(a)    indulges in hostile acts against or threats or insults to persons belonging to the international Red Cross or Red Crescent or to corresponding humanitarian relief organizations or to the representatives of those organizations or to persons placed under their protection; or
(b)    destroys or damages material, installations or depots belonging to those organizations,
is punishable with simple imprisonment, or, in cases of exceptional gravity, with rigorous imprisonment not exceeding five years.
(2)    Where the crime is committed in time of war, the punishment shall be rigorous imprisonment from one year to five years.

Article 282- Abuse of Emblems and Insignia or International Humanitarian Organizations.
Whoever intentionally:
(a)    bears, files or uses without due authorization the emblems or insignia of one of the international humanitarian organizations mentioned above; or
(b)    abuses such emblems or insignia or any other protective device recognized in public international law, in particular the white flag, with intent to prepare or to commit hostile acts,
is punishable with simple imprisonment, or, in cases of exceptional gravity, with rigorous imprisonment not exceeding five years.

Article 283-  Hostile Acts against the Bearer of a Flag of Truce.
Whoever maltreats, threatens, insults or unjustifiably detains an enemy bearing a flag of truce, or an enemy negotiator, or any person accompanying him,
Is punishable with simple imprisonment.