Practice Related to Rule 95. Forced Labour
Section B. Compelling persons to serve in the forces of a hostile power
Côte d’Ivoire’s Teaching Manual (2007) provides in Book III, Volume 2 (Instruction of second-year trainee officers):
I.3. War crimes
This is by far the breach which can take the most varied forms. It relates to the grave breaches of the 1949 Geneva Conventions, namely the following acts directed against the persons or objects protected by these acts:
- compelling a prisoner of war or a civilian to serve in the forces of the hostile Power.
Côte d’Ivoire’s Penal Code (1981), as amended in 1995, provides that in time of war or occupation, organizing, ordering or compelling the civilian population to serve in the enemy armed forces, intelligence services or administration constitutes a “crime against the civilian population”.
The same provision applies with regard to prisoners of war.
Côte d’Ivoire’s Penal Code (1981), as amended in 2015, states:
Whoever commits a war crime is punished with life imprisonment.
War crimes are:
1 - grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
- compelling a prisoner of war or other protected person to serve in the forces of a hostile power;
2 - other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
- compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war;
Protected persons referred to in article 139 are in particular:
1 - civilian or military wounded, sick or shipwrecked;
2 - civilians in the power of the enemy;
3 - persons who do not take part directly or who no longer take part in hostilities;
4 - medical and religious personnel, whether civilian or military;
5 - persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained.