Practice Related to Rule 95. Forced Labour
Section B. Compelling persons to serve in the forces of a hostile power
Senegal’s Disciplinary Regulations (1990) prohibits “compelling nationals of the adverse party to take part in war operations against their own country”.
Senegal’s Penal Code (1965), as amended in 2007, states:
[a)] Any of the following acts constitutes a war crime if it concerns members of the armed forces, the wounded, sick or shipwrecked, prisoners of war or civilians or objects protected by the provisions of the Geneva Conventions of 12 August 1949:
4. compelling a prisoner of war or other protected person to serve in the armed forces [of a hostile power];
b) 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 [also constitute war crimes]:
13. … 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 hostilities.