Practice Related to Rule 95. Forced Labour

Hague Regulations (1899)
Article 44 of the 1899 Hague Regulations provides: “Any compulsion of the population of occupied territory to take part in military operations against its own country is prohibited.” 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (II) with Respect to the Laws and Customs of War on Land, The Hague, 29 July 1899, Article 44.
Hague Regulations (1899)
Article 52 of the 1899 Hague Regulations provides:
Neither requisitions in kind nor services can be demanded from … inhabitants except for the needs of the army of occupation. They must be in proportion to the resources of the country, and of such a nature as not to involve the population in the obligation of taking part in military operations against their country. 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (II) with Respect to the Laws and Customs of War on Land, The Hague, 29 July 1899, Article 52.
Hague Regulations (1907)
Article 23(h) of the 1907 Hague Regulations provides: “A belligerent is likewise forbidden to compel 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.” 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (IV) respecting the Laws and Customs of War on Land, The Hague, 18 October 1907, Article 23(h).
Hague Regulations (1907)
Article 52 of the 1907 Hague Regulations provides:
Requisitions in kind and services shall not be demanded from … inhabitants except for the needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country. 
Regulations concerning the Laws and Customs of War on Land, annexed to Convention (IV) respecting the Laws and Customs of War on Land, The Hague, 18 October 1907, Article 52.
Geneva Convention IV
Article 51, first paragraph, of the 1949 Geneva Convention IV provides: “The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted.” 
Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 51, first para.
Geneva Conventions III and IV
Article 130 of the 1949 Geneva Convention III and Article 147 of the 1949 Geneva Convention IV provide that compelling a prisoner of war or a protected person to serve in the forces of a hostile power is a grave breach of these instruments. 
Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949, Article 130; Convention (IV) relative to the Protection of Civilian Persons in Time of War, Geneva, 12 August 1949, Article 147.
Protocol to the Agreement on Ending the War and Restoring Peace in Viet-Nam
Article 8 of the 1973 Protocol to the Agreement on Ending the War and Restoring Peace in Viet-Nam concerning the return of military personnel and civilians provides that captured military personnel of the parties and captured foreign civilians of the parties “shall not be forced to join the armed forces of the detaining party”. 
Protocol on Ending the War and Restoring Peace in Viet-Nam concerning the Return of Captured Military Personnel and Foreign Civilians and Captured and Detained Vietnamese Personnel, signed on behalf of the United States of America, the Republic of Viet-Nam, the Democratic Republic of Viet-Nam, and the Provisional Revolutionary Government of South Viet-Nam, Paris, 27 January 1973, Article 8.
ICC Statute
Pursuant to Article 8(2)(a)(v) and (b)(xv) of the 1998 ICC Statute, “[c]ompelling a prisoner of war or other protected person to serve in the forces of a hostile power” and “[c]ompelling 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” constitute war crimes in international armed conflicts. 
Statute of the International Criminal Court, adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 17 July 1998, UN Doc. A/CONF.183/9, Article 8(2)(a)(v) and (b)(xv)
UN-Cambodia Agreement Concerning the Prosecution of Crimes Committed During the Period of Democratic Kampuchea
Article 9 of the 2003 UN-Cambodia Agreement Concerning the Prosecution of Crimes Committed During the Period of Democratic Kampuchea provides:
The subject-matter jurisdiction of the Extraordinary Chambers shall be the crime of genocide as defined in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, crimes against humanity as defined in the 1998 Rome Statute of the International Criminal Court and grave breaches of the 1949 Geneva Conventions and such other crimes as defined in Chapter II of the Law on the Establishment of the Extraordinary Chambers as promulgated on 10 August 2001. 
Agreement between the UN and the Royal Government of Cambodia Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea, Phnom Penh, 6 June 2003, Article 9.
In accordance with Article 2 of the Agreement, Cambodia’s Law on the Establishment of the ECCC (2001), as amended, further implements these provisions. 
Agreement between the UN and the Royal Government of Cambodia Concerning the Prosecution under Cambodian Law of Crimes Committed During the Period of Democratic Kampuchea, Phnom Penh, 6 June 2003, Article 2.
Report of the Commission on Responsibility
Based on several documents supplying evidence of outrages committed during the First World War, the 1919 Report of the Commission on Responsibility lists violations of the laws and customs of war which should be subject to criminal prosecution, including compulsory enlistment of soldiers among the inhabitants of occupied territory. 
Report submitted to the Preliminary Conference of Versailles by the Commission on Responsibility of the Authors of the War and on Enforcement of Penalties, Versailles, 29 March 1919.
ILC Draft Code of Crimes against the Peace and Security of Mankind (1991)
According to Article 22(2)(a) of the 1991 ILC Draft Code of Crimes against the Peace and Security of Mankind, “compelling a protected person to serve in the forces of a hostile Power” is considered as an exceptionally serious war crime and as a serious violation of the principles and rules of international law applicable in armed conflict. 
Draft Code of Crimes against the Peace and Security of Mankind, adopted by the International Law Commission, reprinted in Report of the International Law Commission on the work of its forty-third session, 29 April–19 July 1991, UN Doc. A/46/10, 1991, Article 22(2)(a).
ICTY Statute
Article 2 of the 1993 ICTY Statute gives the Tribunal jurisdiction over grave breaches of the 1949 Geneva Conventions and expressly includes “compelling a prisoner of war or civilian to serve in the forces of a hostile power”.  
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, adopted by the UN Security Council, Res. 827, 25 May 1993, as amended by Res. 1166, 13 May 1998 and by Res. 1329, 30 November 2000, Article 2.
ILC Draft Code of Crimes against the Peace and Security of Mankind (1996)
Under Article 20(a)(v) of the 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind, “[c]ompelling a prisoner of war or other protected person to serve in the forces of a hostile Power” constitutes a war crime. 
Draft Code of Crimes against the Peace and Security of Mankind, adopted by the International Law Commission, reprinted in Report of the International Law Commission on the work of its forty-eighth session, 6 May–26 July 1996, UN Doc. A/51/10, 1996, Article 20(a)(v).
UNTAET Regulation No. 2000/15
The UNTAET Regulation No. 2000/15 establishes panels with exclusive jurisdiction over serious criminal offences, including war crimes. According to Section 6(1)(a)(v) and (b)(xv), “[c]ompelling a prisoner of war or other protected person to serve in the forces of a hostile power” and “[c]ompelling 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” constitute war crimes in international armed conflicts. 
Regulation on the Establishment of Panels with Exclusive Jurisdiction over Serious Criminal Offences, UN Doc. UNTAET/REG/2000/15, Dili, 6 June 2000, Section 6(1)(a)(vi) and (b)(xv).
Argentina
Argentina’s Law of War Manual (1989) provides that compelling a protected person to serve in the armed forces of a hostile power is a grave breach of the 1949 Geneva Conventions. 
Argentina, Leyes de Guerra, PC-08-01, Público, Edición 1989, Estado Mayor Conjunto de las Fuerzas Armadas, aprobado por Resolución No. 489/89 del Ministerio de Defensa, 23 April 1990, § 8.03.
Australia
Australia’s Commanders’ Guide (1994) states that “compelling PW [prisoners of war] or other protected persons to serve in the forces of a hostile power” is a crime which warrants the institution of criminal proceedings. 
Australia, Law of Armed Conflict, Commanders’ Guide, Australian Defence Force Publication, Operations Series, ADFP 37 Supplement 1 – Interim Edition, 7 March 1994, § 1305(e); see also Defence Force Manual (1994), § 1315(e).
Australia
Australia’s Defence Force Manual (1994) provides: “The population [in occupied areas] cannot be compelled to participate in any work which would involve participation in military operations.” 
Australia, Manual on Law of Armed Conflict, Australian Defence Force Publication, Operations Series, ADFP 37 – Interim Edition, 1994, § 1222.
Australia
Australia’s LOAC Manual (2006) states:
9.24 … Enemy nationals cannot be compelled to take part in operations against their own country even if they were in your service before the outbreak of hostilities.
12.40 … The population cannot be compelled to participate in any work which would involve participation in military operations …
13.25 Grave breaches under the Geneva Conventions consist of any of the following acts against persons or property protected under the provisions of the relevant Convention:
• compelling a PW [prisoner of war] or other protected person to serve in the forces of a hostile power
13.29 Provisions of the Hague Regulations 1907 are now recognised as part of customary law. Those regulations provide that the following acts are “especially forbidden”:
• to compel 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. 
Australia, The Manual of the Law of Armed Conflict, Australian Defence Doctrine Publication 06.4, Australian Defence Headquarters, 11 May 2006, §§ 9.24, 12.40, 13.25 and 13.29.
The LOAC Manual (2006) replaces both the Defence Force Manual (1994) and the Commanders’ Guide (1994).
Belgium
Belgium’s Law of War Manual (1983) states that compelling a prisoner of war to serve in the armed forces of the enemy is a grave breach of the 1949 Geneva Conventions. 
Belgium, Droit Pénal et Disciplinaire Militaire et Droit de la Guerre, Deuxième Partie, Droit de la Guerre, Ecole Royale Militaire, par J. Maes, Chargé de cours, Avocat-général près la Cour Militaire, D/1983/1187/029, 1983, p. 55.
Benin
Benin’s Military Manual (1995) prohibits “compelling nationals of the enemy State to take part in military operations against their own country, even if they used to serve you before the outbreak of hostilities”. The same prohibition applies to prisoners of war. 
Benin, Le Droit de la Guerre, III fascicules, Forces Armées du Bénin, Ministère de la Défense nationale, 1995, Fascicule II, p. 12, § 2-1 and Fascicule III, p. 12.
Burkina Faso
Burkina Faso’s Disciplinary Regulations (1994) prohibits “compelling nationals of the adverse party to take part in war operations against their own country”. 
Burkina Faso, Règlement de Discipline Générale dans les Forces Armées, Décret No. 94-159/IPRES/DEF, Ministère de la Défense, 1994, Article 35(2).
Burundi
Burundi’s Regulations on International Humanitarian Law (2007) states that “[i]t is prohibited … to compel prisoners of war to participate in military activities”. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I, p. 15; see also Part I bis, pp. 11, 24 and 56
The Regulations also states that “compelling a prisoner of war or a civilian to serve in the armed forces of a hostile power” constitutes a “grave breach” of IHL. 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, pp. 26–27; see also Part I bis, pp. 46, 67 and 115.
The Regulations further states: “The Occupying Power may not compel the inhabitants of occupied territory to serve in its armed forces or auxiliaries.” 
Burundi, Règlement n° 98 sur le droit international humanitaire, Ministère de la Défense Nationale et des Anciens Combattants, Projet “Moralisation” (BDI/B-05), August 2007, Part I bis, p. 107.
Cameroon
Cameroon’s Disciplinary Regulations (1975) prohibits “compelling nationals of the adverse party to take part in war operations against their own country”. 
Cameroon, Règlement de discipline dans les Forces Armées, Décret No. 75/700, 6 November 1975, Article 32.
Cameroon
Cameroon’s Instructor’s Manual (2006) states that “compelling persons to serve in the armed forces of the enemy power” constitutes a grave breach of IHL. 
Cameroon, Droit des conflits armés et droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces de défense, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 295, § 661.
Cameroon
Cameroon’s Disciplinary Regulations (2007) states:
Article 32: Prohibitions
It is prohibited to soldiers in combat:
- to compel the nationals of the adverse party to take part in war operations against their own country. 
Cameroon, Règlement de discipline générale dans les forces de défense, Décret N° 2007/199, Président de la République, 7 July 2007, Article 32.
Canada
Canada’s LOAC Manual (1999) provides:
The occupying power is prohibited from compelling protected persons to enlist in its armed forces and may not use any pressure or propaganda aimed at securing their voluntary enlistment. To compel the population of occupied territory so to enlist is a grave breach of [the 1949 Geneva Convention IV]. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 12-5, § 42.
The manual adds that “it is also a breach to compel a PW [prisoner of war] to serve in the forces of the hostile power” and that “in the case of civilians in the hands of the adverse party, it is also a grave breach … to compel a protected person to serve in the forces of a hostile power. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 16-2, §§ 13 and 14.
The manual further states:
In accordance with the Hague Rules, a number of acts are “especially forbidden” … compelling enemy nationals to take part in hostilities against their own country, even if they were members of the particular belligerent’s forces before the commencement of the conflict. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, p. 16-2, p. 16-3, § 20.
Canada
Canada’s LOAC Manual (2001) states in its chapter on rights and duties of occupying powers:
The occupying power is prohibited from compelling protected persons to enlist in its armed forces and may not use any pressure or propaganda aimed at securing their voluntary enlistment. To compel the population of occupied territory so to enlist is a grave breach of [the 1949 Geneva Convention IV]. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1224.
In its chapter on “War crimes, individual criminal liability and command responsibility”, the manual states: “It is also a grave breach to compel a PW [prisoner of war] to serve in the forces of the hostile power”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1607.5.
In the same chapter, the manual states: “In the case of civilians in the hands of the adverse party, it is also a grave breach: … c. to compel a protected person to serve in the forces of a hostile power”. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1607.6.c.
The manual further states:
In accordance with the Hague Rules, a number of acts are “especially forbidden”. The commission of the following especially forbidden [act] is a war crime:
i. compelling enemy nationals to take part in hostilities against their own country, even if they were members of the particular belligerent’s forces before the commencement of the conflict. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 1609.2.i.
Canada
Canada’s Prisoner of War Handling and Detainees Manual (2004) states: “Grave breaches of the [1949 Geneva Conventions] and [the 1977 Additional Protocol I] include any of the following actions[:] … Compelling PW [prisoners of war] or other protected persons to serve in the armed forces of a hostile power.” 
Canada, Prisoner of War Handling, Detainees, Interrogation and Tactical Questioning in International Operations, B-GJ-005-110/FP-020, National Defence Headquarters, 1 August 2004, § 103.2.c.
Central African Republic
The Central African Republic’s Instructor’s Manual (1999) states in Volume 2 (Instruction for group and patrol leaders): “While they are waiting to be taken to superiors, captured combatants: … may not be forced to take part in activities of a military nature or having a military objective”. 
Central African Republic, Le Droit de la Guerre, Fascicule No. 2: Formation pour l’obtention du certificat technique No. 2 (Chef de Groupe), du certificat Inter-Armé (CIA), du certificat d’aptitude de Chef de Patrouille (CACP), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter III, Section II, § 2.1.
In Volume 3 (Instruction for non-commissioned officers studying for the level 1 and 2 certificates and for future officers of the criminal police), the manual states: “The following prohibitions must be respected: … forcing nationals of the enemy nation to take part in operations against their own country, even if they were in your service before the start of the hostilities.” 
Central African Republic, Le Droit de la Guerre, Fascicule No. 3: Formation pour l’obtention du Brevet d’Armes No. 1, du Brevet d’Armes No. 2 et le stage d’Officier de Police Judiciaire (OPJ), Ministère de la Défense, Forces Armées Centrafricaines, 1999, Chapter III, Section I.
Central African Republic
The Central African Republic’s Disciplinary Regulations (2009) states: “During combat, it is also prohibited for servicemen to … force nationals of the adversary to engage in military operations against their country”. 
Central African Republic, Décret 09.411 portant règlement de discipline générale dans les Armées, Ministre de la Défense Nationale, des Anciens Combattants, des Victimes de Guerre, du Désarmement et de la Restructuration de l’Armée, 10 December 2009, Article 12(11).
Chad
Chad’s Instructor’s Manual (2006) states that prisoners “may not be incorporated into the enemy armed forces”. 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 37.
The manual also states that “forced conscription by the enemy power” is a grave breach of the 1949 Geneva Conventions and thus a war crime. 
Chad, Droit international humanitaire, Manuel de l’instructeur en vigueur dans les forces armées et de sécurité, Ministère de la Défense, Présidence de la République, Etat-major des Armées, 2006, p. 108.
Côte d’Ivoire
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, Droit de la guerre, Manuel d’instruction, Livre III, Tome 2: Instruction de l’élève officier d’active de 2ème année, Manuel de l’instructeur, Ministère de la Défense, Forces Armées Nationales, November 2007, pp. 44–45.
Djibouti
Djibouti’s Disciplinary Regulations (1982) states: “It is prohibited for combatants to … force the nationals of the adverse party to take part in military operations against their country”. 
Djibouti, Décret no. 82-028/PR/DEF du 5 mai 1982 portant règlement de la discipline générale dans les Forces armées, Article 30(3).
Djibouti
Djibouti’s Manual on International Humanitarian Law (2004) states that the following “are currently considered as war crimes … if committed against any person not or no longer participating in hostilities: … compelling a prisoner of war or a civilian to serve in the armed forces of a hostile Power”. 
Djibouti, Manuel sur le droit international humanitaire et les droits de l’homme applicables au travail du policier, Ministère de l’Intérieur, Direction Générale de la Police, 2004, p. 50.
France
France’s Disciplinary Regulations (1975), as amended, prohibits “compelling nationals of the adverse party to take part in war operations against their own country”. 
France, Règlement de Discipline Générale dans les Armées, Decree No. 75-675 of 28 July 1975, replacing Decree No. 66-749, completed by Decree of 11 October 1978, implemented by Instruction No. 52000/DEF/C/5 of 10 December 1979, and modified by Decree of 12 July 1982, Ministère de la Défense, Etat-Major de l’Armée de Terre, Bureau Emploi, Article 9 bis (2).
France
France’s LOAC Summary Note (1992) stipulates that “compelling [prisoners of war] to serve in enemy armed forces” is a war crime under the law of armed conflict. 
France, Fiche de Synthèse sur les Règles Applicables dans les Conflits Armés, Note No. 432/DEF/EMA/OL.2/NP, Général de Corps d’Armée Voinot (pour l’Amiral Lanxade, Chef d’Etat-major des Armées), 1992, § 3.4.
France
France’s LOAC Manual (2001) provides that prisoners of war “shall not be compelled to take part in activities with a military character or objective”. 
France, Manuel de droit des conflits armés, Ministère de la Défense, Direction des Affaires Juridiques, Sous-Direction du droit international humanitaire et du droit européen, Bureau du droit des conflits armés, 2001, p. 102.
Germany
Germany’s Military Manual (1992) states that “compelling prisoners of war and civilians to serve in the forces of the adversary” is a grave breach of IHL. 
Germany, Humanitarian Law in Armed Conflicts – Manual, DSK VV207320067, edited by The Federal Ministry of Defence of the Federal Republic of Germany, VR II 3, August 1992, English translation of ZDv 15/2, Humanitäres Völkerrecht in bewaffneten Konflikten – Handbuch, August 1992, § 1209.
Greece
The Hellenic Territorial Army’s Internal Service Code (1984), as amended, provides: “It is forbidden for members of the armed forces: … To force the nationals of enemy country to take part in operations against their own country.” 
Greece, Hellenic Territorial Army Regulation of Internal Service Code, Presidential Decree 130/1984 (Military Regulation 20-1), as amended, Article 15(k).
Guinea
Guinea’s Disciplinary Regulations (2012) states: “Military personnel in combat are prohibited from … compelling the nationals of the hostile party to take part in the operations of war against their own country”. 
Guinea, Règlement de Service dans les Forces Armées, Volume 1: Règlement de Discipline Générale (Service Regulations in the Armed Forces, Volume 1: General Discipline Regulations), 2012 edition, Ministère de la Défense Nationale, approved by Presidential Decree No. D 293/PRG/SGG/2012, 6 December 2012, Article 12(b).
Israel
Israel’s Manual on the Laws of War (1998) states: “The Conventions expressly forbid harnessing prisoners to the war effort of the detaining state.” 
Israel, Laws of War in the Battlefield, Manual, Military Advocate General Headquarters, Military School, 1998, p. 53.
Israel
Israel’s Manual on the Rules of Warfare (2006) states:
The imprisoning country is entitled to employ prisoners-of-war in the running and maintenance of the camp, in agriculture, public works (that are not of a military nature) and services for the public benefit that are not of a military nature. The Conventions specifically prohibit the mobilising of prisoners-of-war for the war effort of the country in which they are held. 
Israel, Rules of Warfare on the Battlefield, Military Advocate-General’s Corps Command, IDF School of Military Law, Second Edition, 2006, p. 33.
The Manual on the Rules of Warfare (2006) is a second edition of the Manual on the Laws of War (1998).
Italy
Italy’s IHL Manual (1991) forbids the compelling “of enemy soldiers to participate in military actions against their own country”. 
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, § 11.
The manual provides: “The inhabitants of an occupied territory … shall not be enrolled into the national armed forces, or … provide services directly linked to the war.” 
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, § 39.
The manual further states: “In no case shall civilian persons be compelled to carry out works which would oblige them to take part in military operations.” 
Italy, Manuale di diritto umanitario, Introduzione e Volume I, Usi e convenzioni di Guerra, SMD-G-014, Stato Maggiore della Difesa, I Reparto, Ufficio Addestramento e Regolamenti, Rome, 1991, Vol. I, § 48(11).
Kenya
Kenya’s LOAC Manual (1997) provides that captured combatants “shall not be compelled to engage in activities having a military character or purpose”. 
Kenya, Law of Armed Conflict, Military Basic Course (ORS), 4 Précis, The School of Military Police, 1997, Précis No. 3, p. 7.
Mali
Mali’s Army Regulations (1979) prohibits “compelling nationals of the adverse party to take part in war operations against their own country”. 
Mali, Règlement du Service dans l’Armée, 1ère Partie: Discipline Générale, Ministère de la Défense Nationale, 1979, Article 36.
Morocco
Morocco’s Disciplinary Regulations (1974) prohibits “compelling nationals of the adverse party to take part in war operations against their own country”. 
Morocco, Règlement de Discipline Général dans les Forces Armées Royales, Dahir No. 1-74-383 du 15 rejeb 1394, 5 August 1974, Article 25(2).
Netherlands
The Military Manual (1993) of the Netherlands provides that compelling a protected person to serve a hostile power is a grave breach of the 1949 Geneva Conventions and their 1977 Additional Protocols. 
Netherlands, Toepassing Humanitair Oorlogsrecht, Voorschift No. 27-412/1, Koninklijke Landmacht, Ministerie van Defensie, 1993, p. IX-5.
Netherlands
The Military Manual (2005) of the Netherlands states that “a prisoner of war may not accept certain privileges in exchange for his consent to work in an armaments factory. Prisoners of war may not do any work of a military nature”. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, § 0237.
The manual further states:
0735. A detaining power may set prisoners of war to work. In doing so, it must take account of their age, sex, health, rank and physical fitness. Officers may not be required to work, while non-commissioned officers may perform only supervisory tasks. Other prisoners of war may be deployed only to a limited extent.
0736. A prisoner of war may never be ordered to carry out activities which would increase the adversary’s military potential, or to work in an industry which would form a legitimate military target for his/her own armed forces. However, prisoners of war may be ordered to work on the administration, set-up and maintenance of their camps. In addition, activities in the following fields may be ordered:
- agriculture;
- industry in general, but with express exceptions;
- metallurgical, mechanical and chemical industries;
- public works and building operations that have no military character or purpose;
- transport and storage of goods that are not military in character or purpose;
- activities in the field of business, trade or arts and crafts;
- domestic services;
- public utility services having no military character or purpose.
The working conditions may not be inferior to those in which nationals of the detaining power perform similar work.
0737. A prisoner of war is not bound to carry out unhealthy or dangerous work. This is, however, possible on a voluntary basis. Prisoners of war are entitled to be paid for work done.  
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, §§ 0735–0737.
In its chapter on the protection of the civilian population, the manual states:
0814. Protected persons may be compelled to work only to the same extent as nationals of the country in whose territory they are located. They may also only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations …
Section 7 - Occupied areas
0833. Persons over the age of 18 may be obliged to work. This may be only within the occupied area, and the activities must serve the needs of the army of occupation, public utilities or the food supply, accommodation, clothing, transport or health of the population. The requisitioning of a workforce must in no case lead to mobilization of workers in an organization of a military or semi-military character. Employment on building defence works is also not permitted. Protected persons may not be deployed either on work which would compel them to take part in war operations. 
Netherlands, Humanitair Oorlogsrecht: Handleiding, Voorschift No. 27-412, Koninklijke Landmacht, Militair Juridische Dienst, 2005, §§ 0814 and 0833.
New Zealand
New Zealand’s Military Manual (1992) refers to Article 23 of the 1907 Hague Regulations and provides: “A belligerent is forbidden to compel the subjects of the hostile party to take part in the operations of war directed against their own country, even if they were in the service of the belligerent before the commencement of the war.” It further provides:
The Occupying Power must not compel protected persons to serve in its armed or auxiliary forces but [Article 51 of the 1949 Geneva Convention IV] lays down expressly that pressure or propaganda which aims at securing voluntary enlistment in those forces is prohibited. To compel the population of occupied territory so to enlist is a grave breach of [the 1949 Geneva Convention IV]. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1320.2.
According to the manual, it is a grave breach of the 1949 Geneva Conventions III and IV to compel a prisoner of war and a protected civilian to serve in the forces of the hostile power. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1702(2) and 1702(3)(c).
The manual also states that it is a war crime and an offence against the law of armed conflict to compel “enemy nationals to take part in hostilities against their own State, even if they were members of the particular belligerent’s forces before the beginning of the conflict”. 
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1704(2)(i).
Nigeria
Nigeria’s Soldiers’ Code of Conduct and Military Manual (1994) provide: “A belligerent is forbidden to compel 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.” 
Nigeria, Code of Conduct for Combatants, “The Soldier’s Rules”, Nigerian Army, undated, p. 4; International Humanitarian Law (IHL), Directorate of Legal Services, Nigerian Army, 1994, p. 40, § 6.
Nigeria
Nigeria’s Manual on the Laws of War states that compelling a prisoner of war and a protected person to serve in the forces of the hostile power is a grave breach of the 1949 Geneva Conventions and is considered a serious war crime. 
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 6(a) and (c).
The manual further states that “compelling a citizen to take part in war operations directed against his own state” is an illegitimate tactic. 
Nigeria, The Laws of War, by Lt. Col. L. Ode PSC, Nigerian Army, Lagos, undated, § 14(a).
Peru
Peru’s IHL Manual (2004) states: “The occupying power … may not compel the inhabitants of the occupied territory to serve in its armed or auxiliary forces.” 
Peru, Manual de Derecho Internacional Humanitario para las Fuerzas Armadas, Resolución Ministerial Nº 1394-2004-DE/CCFFAA/CDIH-FFAA, Lima, 1 December 2004, § 62.a.
Peru
Peru’s IHL and Human Rights Manual (2010) states: “The occupying power … may not compel the inhabitants of the occupied territory to serve in its armed or auxiliary forces.” 
Peru, Manual de Derecho Internacional Humanitario y Derechos Humanos para las Fuerzas Armadas, Resolución Ministerial No. 049-2010/DE/VPD, Lima, 21 May 2010, § 63(a), p. 265.
Republic of Korea
The Republic of Korea’s Military Regulation 187 (1991) provides that “forcing war prisoners to serve the enemy army” is an unjustifiable crime. 
Republic of Korea, Military Regulation 187, 1 January 1991, § 4.2.
Russian Federation
Under the Russian Federation’s Military Manual (1990), it is prohibited as a method of warfare “to compel persons belonging to the enemy party to participate in hostilities against their country”. 
Russian Federation, Instructions on the Application of the Rules of International Humanitarian Law by the Armed Forces of the USSR, Appendix to Order of the USSR Defence Minister No. 75, 1990, § 5(q).
Russian Federation
The Russian Federation’s Regulations on the Application of IHL (2001) states with regard to the behaviour of forces in occupied territory: “It is prohibited to compel the population in the occupied territory to serve in the armed or auxiliary forces of the occupying power.” 
Russian Federation, Regulations on the Application of International Humanitarian Law by the Armed Forces of the Russian Federation, Ministry of Defence of the Russian Federation, Moscow, 8 August 2001, § 75.
Senegal
Senegal’s Disciplinary Regulations (1990) prohibits “compelling nationals of the adverse party to take part in war operations against their own country”. 
Senegal, Règlement de Discipline dans les Forces Armées, Décret 90-1159, 12 October 1990, Article 34(2).
South Africa
South Africa’s LOAC Manual (1996) states that “compelling a protected person to serve in the forces of the hostile power” is a grave breach of the 1949 Geneva Conventions. 
South Africa, Presentation on the South African Approach to International Humanitarian Law, Appendix A, Chapter 4: International Humanitarian Law (The Law of Armed Conflict), National Defence Force, 1996, § 40.
Spain
Spain’s LOAC Manual (2007) states: “It is prohibited to compel the inhabitants of an occupied territory to enlist in the armed forces of the occupying power.” 
Spain, Orientaciones. El Derecho de los Conflictos Armados, Tomo 1, Publicación OR7–004, (Edición Segunda), Mando de Adiestramiento y Doctrina, Dirección de Doctrina, Orgánica y Materiales, 2 November 2007, § 2.7.c.(3).
(emphasis in original)
Sweden
Sweden’s IHL Manual (1991) provides:
According to [the 1949 Geneva Convention IV], an occupying power may not compel protected persons to serve in its armed forces or auxiliary organizations. It is likewise forbidden to use any pressure to persuade persons to enlist voluntarily in the forces of the occupying power.
The manual adds: “The Convention also states that protected persons may not be compelled to perform any work which would involve them in the obligation of taking part in military operations.” 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 6.1.3, p. 124.
The manual further stipulates: “The status of protected persons also entails the advantage that this category of refugees cannot be compelled to serve in the armed forces of the occupying power ([Geneva Convention IV], Art. 51).” 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 6.1.4, p. 127.
The manual also provides that “compelling a protected person to serve in the armed forces of the hostile power” is a grave breach of the 1949 Geneva Conventions. 
Sweden, International Humanitarian Law in Armed Conflict, with reference to the Swedish Total Defence System, Swedish Ministry of Defence, January 1991, Section 4.2, p. 93.
Switzerland
Switzerland’s Basic Military Manual (1987) provides:
Protected persons shall not be compelled to do any work which would make it compulsory for them to take part in military operations. It is prohibited to recruit labour force in order to achieve a mobilization of workers placed under a military or half-military regime. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 178.
The manual further specifies that “compelling [prisoners of war and civilians] to serve in the forces of the enemy Power” is a grave breach of the 1949 Geneva Conventions. 
Switzerland, Lois et coutumes de la guerre (Extrait et commentaire), Règlement 51.7/II f, Armée Suisse, 1987, Article 192.
Togo
Togo’s Military Manual (1996) prohibits the “compelling of nationals of the enemy State to take part in military operations against their own country, even if they used to serve you before the outbreak of hostilities”. 
Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule II, p. 12, § 2-1.
According to the manual, the same prohibition applies to prisoners of war. 
Togo, Le Droit de la Guerre, III fascicules, Etat-major Général des Forces Armées Togolaises, Ministère de la Défense nationale, 1996, Fascicule III, p. 12.
Ukraine
Ukraine’s IHL Manual (2004) states:
1.2.21. … Citizens of the enemy State shall not be forced to take part in hostilities against their State.
1.3.2. The following methods of warfare shall be prohibited:
- forcing persons who enjoy protection under international humanitarian law … to participate in hostilities.
1.8.5. Serious violations of international humanitarian law directed against people include:
compelling (a person) to serve in the forces of a hostile power. 
Ukraine, Manual on the Application of IHL Rules, Ministry of Defence, 11 September 2004, §§ 1.2.21, 1.3.2 and 1.8.5.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) provides: “Protected persons of enemy nationality … must not be required to do work directly related to the conduct of military operations.” The compelling of prisoners of war and civilians to serve in the forces of the hostile power is strictly prohibited. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, §§ 48, 282 and 556.
The manual also states that “compelling a prisoner of war to serve in the forces of the hostile power” is a war crime. It adds that “compelling a person to serve in the forces of the hostile power” is a war crime under the 1949 Geneva Convention IV. 
United Kingdom, The Law of War on Land being Part III of the Manual of Military Law, The War Office, HMSO, 1958, § 625(b) and (c).
United Kingdom of Great Britain and Northern Ireland
Under the UK LOAC Pamphlet (1981), it is prohibited “to compel enemy nationals to take part in operations against their own country, even if they were in your service before the outbreak of hostilities”. 
United Kingdom, The Law of Armed Conflict, D/DAT/13/35/66, Army Code 71130 (Revised 1981), Ministry of Defence, prepared under the Direction of The Chief of the General Staff, 1981, Section 4, p. 14, § 5; see also Annex A, p. 46, § 9.
United Kingdom of Great Britain and Northern Ireland
The UK LOAC Manual (2004) states: “It is … a grave breach of [the 1949] Geneva Convention III to compel a prisoner of war to serve in the forces of the hostile power.” 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 5.15.1; see also § 16.24 (enforcement of the law of armed conflict).
In its chapter on occupied territory, the manual provides:
The occupying power can create punishable offences in the interests of its security or that of the population in the occupied territory. It cannot compel the population of occupied territory to acknowledge its sovereignty. That means that civilians cannot be required to:
a. take part in operations against their own country;
b. assist the war effort of the occupying power against their own country;
c. serve in the armed or auxiliary forces of the occupying power;
d. give information to the occupying power about their own armed forces or other defence information. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 11.63 11 .
The manual further states:
The Hague Regulations 1907 are now recognized as part of customary law. Those regulations provide that the following acts are “especially forbidden”:
i. to compel 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. 
United Kingdom, The Manual of the Law of Armed Conflict, Ministry of Defence, 1 July 2004, § 16.27.
United States of America
The US Field Manual (1956) provides that compelling a prisoner of war or a protected person to serve in the forces of a hostile power is a grave breach of the 1949 Geneva Conventions. 
United States, Field Manual 27-10, The Law of Land Warfare, US Department of the Army, 18 July 1956, as modified by Change No. 1, 15 July 1976, §§ 418 and 502.
United States of America
The US Air Force Pamphlet (1976) recalls Article 23 of the 1907 Hague Regulations, which “forbids compelling nationals of the hostile party to take part in the operations of war directed against their own country”, and Article 45 of the 1907 Hague Regulations, which “forbids compelling the inhabitants of occupied territory to swear allegiance to the hostile power”. The Pamphlet also refers to Article 51 of the 1949 Geneva Convention IV and states: “Compulsory military service by protected persons in the armed forces of the occupant is prohibited.” It adds: “Wilfully compelling civilians or PWs [prisoners of war] to perform prohibited labour” is an act involving individual criminal responsibility.” 
United States, Air Force Pamphlet 110-31, International Law – The Conduct of Armed Conflict and Air Operations, US Department of the Air Force, 1976, §§ 14-6(a) and (b) and 15-3(c)(9).
United States of America
The US Air Force Commander’s Handbook (1980): “A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country.” 
United States, Air Force Pamphlet 110-34, Commander’s Handbook on the Law of Armed Conflict, Judge Advocate General, US Department of the Air Force, 25 July 1980, § 32.
Armenia
Under Armenia’s Penal Code (2003), “compelling a protected person or a prisoner of war to serve in the opponent army”, during an armed conflict, constitutes a crime against the peace and security of mankind. 
Armenia, Penal Code, 2003, Article 390.2(2).
Australia
Australia’s War Crimes Act (1945) provides that “compulsory enlistment of soldiers among the inhabitants of occupied territory” is a war crime. 
Australia, War Crimes Act, 1945, Section 3.
Australia
Australia’s Geneva Conventions Act (1957), as amended in 2002, provides: “A person who, in Australia or elsewhere, commits a grave breach of any of the [1949 Geneva] Conventions … is guilty of an indictable offence.” 
Australia, Geneva Conventions Act, 1957, as amended in 2002, Section 7(1).
The grave breaches provisions in this Act were removed in 2002 and incorporated into the Criminal Code Act 1995.
Australia
Australia’s Criminal Code Act (1995), as amended to 2007, states with respect to war crimes that are grave breaches of the 1949 Geneva Conventions and of the 1977 Additional Protocol I:
268.30 War crimecompelling service in hostile forces
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator coerces one or more persons, by act or threat:
(i) to take part in military operations against that person’s or those persons’ own country or forces; or
(ii) otherwise to serve in the forces of an adverse power; and
(b) the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and
(c) the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and
(d) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 10years.
(2) Strict liability applies to paragraph (1)(b). 
Australia, Criminal Code Act, 1995, as amended on 1 November 2007, taking into account amendments up to Act No. 177 of 2007, Chapter 8, § 268.30, p. 323.
The Criminal Code Act also states with respect to other serious war crimes that are committed in the course of an international armed conflict:
268.53 War crimecompelling participation in military operations
(1) A person (the perpetrator) commits an offence if:
(a) the perpetrator coerces one or more persons by act or threat to take part in military operations against that person’s or those persons’ own country or forces; and
(b) the person or persons are nationals of an adverse party; and
(c) the perpetrator’s conduct takes place in the context of, and is associated with, an international armed conflict.
Penalty: Imprisonment for 10 years.
(2) It is not a defence to a prosecution for an offence against subsection (1) that the person or persons were in the service of the perpetrator at a time before the beginning of the international armed conflict. 
Australia, Criminal Code Act, 1995, as amended to 2007, Chapter 8, § 268.53, pp. 335–336.
Australia
Australia’s ICC (Consequential Amendments) Act (2002) incorporates in the Criminal Code the war crimes defined in the 1998 ICC Statute, including “compelling service in hostile forces” and “compelling participation in military operations”, in international armed conflicts. 
Australia, ICC (Consequential Amendments) Act, 2002, Schedule 1, §§ 268.30 and 268.53.
Azerbaijan
Azerbaijan’s Criminal Code (1999) provides that “compelling prisoners of war or other persons protected by international humanitarian law to serve in the forces of a hostile power, as well as compelling citizens of an enemy State to take part in hostilities against their State” are violations of the laws and customs of war. 
Azerbaijan, Criminal Code, 1999, Article 115.1.
Bangladesh
Bangladesh’s Penal Code (1860), as amended to 2004, states:
(2) Whoever compels a prisoner of war or a protected person to serve in the armed forces of Bangladesh shall be punished with imprisonment of either description for a term which may extend to one year.
Explanation. In this section the expressions “prisoner of war” and “protected person” shall have the same meaning as have been assigned to them respectively by Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War of August 12, 1949, and Article 4 of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949. 
Bangladesh, Penal Code, 1860, as amended to 2004, Article 374(2).
[emphasis in original]
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime. 
Bangladesh, International Crimes (Tribunal) Act, 1973, Section 3(2)(e).
Barbados
The Geneva Conventions Act (1980) of Barbados provides: “A person who commits a grave breach of any of the Geneva Conventions of 1949 … may be tried and punished by any court in Barbados that has jurisdiction in respect of similar offences in Barbados as if the grave breach had been committed in Barbados.” 
Barbados, Geneva Conventions Act, 1980, Section 3(2).
Belarus
Under Belarus’s Criminal Code (1999), “compelling persons that have laid down their arms or are defenceless, the wounded, sick and shipwrecked, sanitary and religious personnel, prisoners of war, the civilian population in an occupied territory or in the conflict zone, or other persons enjoying international protection to serve in the forces of a foreign power” is a violation of the laws and customs of war. 
Belarus, Criminal Code, 1999, Article 135(1).
Belgium
Belgium’s Penal Code (1867), as amended in 2003, provides:
War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :
6. compelling a prisoner of war, a civilian protected by the [1949 Geneva] Convention [IV] on the protection of civilians in times of armed conflict, or a person protected by [1977] Additional Protocols I and II to the … 1949 Geneva Conventions to serve in the armed forces or armed groups of a hostile power or of the adverse party. 
Belgium, Penal Code, 1867, as amended on 5 August 2003, Chapter III, Title I bis, Article 136 quater, § 1(6).
Belgium
Belgium’s Law concerning the Repression of Grave Breaches of the Geneva Conventions and their Additional Protocols (1993), as amended in 1999, provides that compelling a prisoner of war, a civilian person or persons protected by the 1977 Additional Protocols I and II to serve in the forces of a hostile power or adverse party constitutes a crime under international law. 
Belgium, Law concerning the Repression of Grave Breaches of the Geneva Conventions and their Additional Protocols, 1993, as amended in 1999, Article 1(3)(4).
Belgium
Belgium’s Law relating to the Repression of Grave Breaches of International Humanitarian Law (1993), as amended in 2003, provides:
War crimes envisaged in the 1949 [Geneva] Conventions … and in the [1977 Additional Protocols I and II] … , as well as in Article 8(2)(f) of the [1998 ICC Statute], and listed below, … constitute crimes under international law and shall be punished in accordance with the provisions of the present title … :
4. compelling a prisoner of war, a civilian protected by the [1949 Geneva] Convention [IV] on the protection of civilians in times of armed conflict, or a person protected by [1977] Additional Protocols I and II to the … 1949 Geneva Conventions to serve in the armed forces or armed groups of a hostile power or of the adverse party. 
Belgium, Law relating to the Repression of Grave Breaches of International Humanitarian Law, 1993, as amended on 23 April 2003, Article 1 ter, § 1(4).
Bosnia and Herzegovina
The Federation of Bosnia and Herzegovina’s Criminal Code (1998) provides that compelling civilians and prisoners of war to serve in the armed forces of the enemy power is a war crime. 
Bosnia and Herzegovina, Federation, Criminal Code, 1998, Articles 154(1) and 156.
The Republika Srpska’s Criminal Code (2000) contains the same provision. 
Bosnia and Herzegovina, Republika Srpska, Criminal Code, 2000, Articles 433(1) and 435.
Bosnia and Herzegovina
Bosnia and Herzegovina’s Criminal Code (2003) states that, in time of war, armed conflict or occupation, ordering the “forcible service [of civilians] in the armed forces of an enemy’s army”, in violation of international law, constitutes a war crime. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 173(1)(e).
The Criminal Code also contains the following war crimes provision:
Whoever, in violation of the rules of international law, orders or perpetrates in regard to prisoners of war any of the following acts:
c) Compulsive enlistment into the armed forces of an enemy power …
shall be punished by imprisonment for a term of not less than ten years or long-term imprisonment. 
Bosnia and Herzegovina, Criminal Code, 2003, Article 175(c).
Botswana
Botswana’s Geneva Conventions Act (1970) punishes “any person, whatever his nationality, who, whether in or outside Botswana, commits, or aids, abets or procures the commission by any other person of, any such grave breach of any of the [1949 Geneva] conventions”. 
Botswana, Geneva Conventions Act, 1970, Section 3(1).
Bulgaria
Bulgaria’s Penal Code (1968), as amended, provides that compelling a captive or a civilian “to serve in the armed forces of an enemy state” is a war crime. 
Bulgaria, Penal Code as amended, 1968, Articles 411(b) and 412(d).
Burundi
Burundi’s Law on Genocide, Crimes against Humanity and War Crimes (2003) states:
[The following are] considered as war crimes:
A. Grave breaches of the Geneva Conventions of 8 August 1949, namely, any of the following acts aimed at persons or objects protected by the provisions of the Geneva Conventions
e) 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 conflicts, within the established framework of international law, namely, any of the following acts:
o) 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. 
Burundi, Law on Genocide, Crimes against Humanity and War Crimes, 2003, Article 4(A)(e) and (B)(o).
Burundi
Burundi’s Penal Code (2009) states:
“War crimes” means crimes which are committed as part of a plan or policy or as part of a large-scale commission of such crimes, in particular:
1. Any of the following grave breaches of the 1949 Geneva Conventions … :
5°. 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:
15°. 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. 
Burundi, Penal Code, 2009, Article 198(1)(5°) and (2)(15°).
Cambodia
Cambodia’s Law on the Establishment of the ECCC (2001) provides:
The Extraordinary Chambers shall have the power to bring to trial all suspects who committed or ordered the commission of grave breaches of the Geneva Convention[s] of 12 August 1949 … which were committed during the period from 17 April 1975 to 6 January 1979. 
Cambodia, Law on the Establishment of the ECCC, 2001, Article 6.
Cambodia
Cambodia’s Law on the Establishment of the ECCC (2001), as amended in 2004, provides:
The Extraordinary Chambers shall have the power to bring to trial all Suspects who committed or ordered the commission of grave breaches of the Geneva Conventions of 12 August 1949, such as the following acts against persons or property protected under provisions of these Conventions, and which were committed during the period 17 April 1975 to 6 January 1979:
- compelling a prisoner of war or a civilian to serve in the forces of a hostile power. 
Cambodia, Law on the Establishment of the ECCC, 2001, as amended in 2004, Article 6.
Canada
Canada’s Geneva Conventions Act (1985), as amended in 2007, provides: “Every person who, whether within or outside Canada, commits a grave breach [of the 1949 Geneva Conventions] … is guilty of an indictable offence.” 
Canada, Geneva Conventions Act, 1985, as amended in 2007, Section 3(1).
Canada
Canada’s Crimes against Humanity and War Crimes Act (2000) provides that the war crimes defined in Article 8(2) of the 1998 ICC Statute are “crimes according to customary international law” and, as such, indictable offences under the Act. 
Canada, Crimes against Humanity and War Crimes Act, 2000, Section 4(1) and (4).
Chile
Under Chile’s Code of Military Justice (1925), compelling a prisoner of war to fight against his or her own army is an “offence against international law”. 
Chile, Code of Military Justice, 1925, Article 261(1).
China
China’s Law Governing the Trial of War Criminals (1946) provides that “forcing non-combatants to engage in military activities with the enemy” and “conscription by force of inhabitants in the occupied territory” constitute war crimes. 
China, Law Governing the Trial of War Criminals, 1946, Article 3(20) and (22).
Colombia
Colombia’s Penal Code (2000) imposes a criminal sanction on anyone who, during an armed conflict, compels or orders the compelling of a protected person to serve in the armed forces of the enemy. 
Colombia, Penal Code, 2000, Article 150.
Congo
The Congo’s Genocide, War Crimes and Crimes against Humanity Act (1998) defines war crimes with reference to the categories of crimes defined in Article 8 of the 1998 ICC Statute. 
Congo, Genocide, War Crimes and Crimes against Humanity Act, 1998, Article 4.
Cook Islands
The Geneva Conventions and Additional Protocols Act (2002) of the Cook Islands punishes “any person who in the Cook Islands or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach of any of the [1949 Geneva] Conventions”. 
Cook Islands, Geneva Conventions and Additional Protocols Act, 2002, Section 5(1).
Côte d’Ivoire
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”. 
Côte d’Ivoire, Penal Code, 1981, as amended in 1995, Article 138(4).
The same provision applies with regard to prisoners of war. 
Côte d’Ivoire, Penal Code, 1981, as amended in 1995, 1981, Article 139(2).
Croatia
Croatia’s Criminal Code (1997) provides that compelling civilians and prisoners of war to serve in the armed forces or in the administration of the enemy power is a war crime. 
Croatia, Criminal Code, 1997, Articles 158 and 160.
Croatia
Croatia’s Criminal Code (1997), as amended to 2006, states that it is a war crime to force civilians and prisoners of war “to serve in hostile armed forces”. 
Croatia, Criminal Code, 1997, as amended to 2006, Articles 158(1) and 160.
Cyprus
Cyprus’s Geneva Conventions Act (1966) punishes “any person who, whatever his nationality, commits in the Republic or outside the Republic, any grave breach or takes part, or assists or incites another person in the commission of grave breaches of the Geneva Conventions”. 
Cyprus, Geneva Conventions Act, 1966, Section 4(1).
Democratic Republic of the Congo
The Democratic Republic of the Congo’s Military Penal Code (2002) provides:
Article 165
Crimes against humanity are grave violations of international humanitarian law committed against any civilian population before or during war.
Crimes against humanity are not necessarily linked to the state of war and can be committed not only between persons of different nationality, but even between subjects of the same State.
Article 166
The grave breaches listed hereafter, affecting, by action or omission, the persons and objects protected by the Geneva Conventions of 12 August 1949 and the Additional Protocols of 8 June 1977, constitute crimes against humanity, repressed according to the provisions of the present Code, without prejudice to more severe penal provisions provided by the ordinary Penal Code:
3. Compelling a prisoner of war or a civilian person protected by the Conventions or Additional Protocols relative to the protection of civilian persons during war to serve in the armed forces of the hostile power or of the adverse party;
Article 167
The offences contained in the preceding article are punished with penal servitude for life.
If those contained in points 1, 2, 5, 6, 10 to 14 of the same article lead to the death or cause grave injury to the physical integrity or health of one or several persons, the perpetrators are liable to the death penalty. 
Democratic Republic of the Congo, Military Penal Code, 2002, Articles 165–167.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment]. 
Denmark, Military Criminal Code, 1973, as amended in 1978, § 25(1).
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment]. 
Denmark, Military Criminal Code, 2005, § 36(2).
Dominican Republic
The Dominican Republic’s Code of Military Justice (1953) punishes any member of the armed forces who compels a prisoner of war to fight against his or her own country. 
Dominican Republic, Code of Military Justice, 1953, Article 201(1).
El Salvador
El Salvador’s Code of Military Justice (1934) provides that coercing prisoners of war or other persons in the power of the adverse party to serve in the armed forces of the enemy is a war crime. 
El Salvador, Code of Military Justice, 1934, Article 69(1).
Estonia
Under Estonia’s Penal Code (2001), compelling civilians, prisoners of war and interned civilians to serve in the armed forces of the enemy or to take part in military operations is a war crime. 
Estonia, Penal Code, 2001, §§ 97 and 98.
Ethiopia
Ethiopia’s Penal Code (1957) provides that it is a war crime to forcibly enlist the civilian population, prisoners of war and interned persons in the enemy’s armed forces, intelligence services or administration. 
Ethiopia, Penal Code, 1957, Articles 282(d) and 284(b).
Ethiopia’s Criminal Code (2004) provides:
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:
(d) forcible enlistment in the enemy’s defence forces, intelligence services or administration …
is punishable with rigorous imprisonment from five years to twenty-five years, or, in more serious cases, with life imprisonment or death.
Article 272.- War Crimes against Prisoners and Interned Persons.
Whoever, in the circumstances defined above:
(b) compels [prisoners of war or interned persons] to enlist in the enemy’s defence forces or intelligence or administrative services, is punishable in accordance with Article 270. 
Ethiopia, Criminal Code, 2004, Articles 270 and 272.
The Criminal Code of 2004 repealed Ethiopia’s Penal Code of 1957.
Finland
Finland’s Criminal Code (1889), as amended in 2008, provides that any person who “forces a prisoner of war or another protected person to serve in the military forces of the enemy or participate in military action against their own country” shall be “sentenced for a war crime to imprisonment for at least one year or for life”. 
Finland, Criminal Code, 1889, as amended in 2008, Chapter 11, Section 5(1)(6).
(emphasis in original)
France
France’s Penal Code (1992), as amended in 2010, states that the following acts committed by someone acting on behalf of a belligerent power constitute war crimes in an international armed conflict:
1. Compelling a person protected by the international law of armed conflict to serve in its armed forces;
2. Compelling nationals of the hostile power to take part in the operations of war directed against their own country, even if they were in the service of the belligerent power before the commencement of the war. 
France, Penal Code, 1992, as amended in 2010, Article 461-20.
Georgia
Georgia’s Criminal Code (1999) provides that it is a crime, in international or internal armed conflicts, to compel a prisoner of war or any other protected person to serve in the armed forces of the enemy. 
Georgia, Criminal Code, 1999, Article 411(2)(d).
Germany
Germany’s Law Introducing the International Crimes Code (2002) provides for the punishment of anyone who, in connection with an international armed conflict “compels a protected person … by force or threat of appreciable harm to serve in the forces of a hostile power, [or] compels a national of the adverse party by force or threat of appreciable harm to take part in the operations of war directed against his or her own country”. 
Germany, Law Introducing the International Crimes Code, 2002, Article 1, § 8(3)(3)–(4).
India
India’s Geneva Conventions Act (1960) provides: “If any person within or without India commits or attempts to commit, or abets or procures the commission by any other person of, a grave breach of any of the [1949 Geneva] Conventions he shall be punished.” 
India, Geneva Conventions Act, 1960, Section 3(1).
Iraq
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) provides that “[c]ompelling a prisoner of war or other protected person to serve in the forces of a hostile power” constitutes as a grave breach of the 1949 Geneva Conventions. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 13(1)(E).
Under the Law, “[c]ompelling the nationals of the hostile party to take part in military operations directed against their own country, even if they were in the belligerent’s service before the commencement of the war” is a serious violation of the laws and customs of war applicable in international armed conflicts  
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 13(2)(P).
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that grave breaches of the 1949 Geneva Conventions are punishable offences. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 3(1).
In addition, any “minor breach” of the 1949 Geneva Conventions, including violations of Article 51 of the Geneva Convention IV, is a punishable offence. 
Ireland, Geneva Conventions Act, 1962, as amended in 1998, Section 4(1) and (4).
Italy
Italy’s Law of War Decree (1938), as amended in 1992, provides: “It is prohibited to compel your enemies to participate in actions of war against their own country”. 
Italy, Law of War Decree, 1938, as amended in 1992, Article 37.
The Law instructs soldiers: “You cannot implicate prisoners of war in work which would involve their participation in military operations.” 
Italy, Law of War Decree, 1938, as amended in 1992, Article 106(3).
The Law also states: “Enemies cannot, in any case, even if they used to serve the State before the outbreak of hostilities, be compelled to enlist in the armed forces of the State, or to render services directly linked to the war.” 
Italy, Law of War Decree, 1938, as amended in 1992, Article 281.
Italy
Italy’s Wartime Military Penal Code (1941) provides for the punishment of any member of the military who compels enemy nationals to take part in war actions against their own country. 
Italy, Wartime Military Penal Code, 1941, Article 182.
Jordan
Jordan’s Military Penal Code (2002) states that the following shall be deemed a war crime when committed in the event of armed conflict: “Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power”. 
Jordan, Military Penal Code, 2002, Article 41(a)(5).
Kenya
Kenya’s Geneva Conventions Act (1968) punishes “any person, whatever his nationality, who, whether within or outside Kenya commits, or aids, abets or procures the commission by any other person of any grave breach of any of the [1949 Geneva] Conventions”. 
Kenya, Geneva Conventions Act, 1968, Section 3(1).
Lithuania
Under Lithuania’s Criminal Code (1961), as amended in 1998, the compulsory use of civilians and prisoners of war in the armed forces of the enemy is a war crime. 
Lithuania, Criminal Code, 1961, as amended in 1998, Article 338.
Luxembourg
Luxembourg’s Law on the Repression of War Crimes (1947) provides that “any enlistment by the enemy (or its agents) [of foreign nationals] in either the regular army, police units or military or paramilitary organizations” is a war crime. 
Luxembourg, Law on the Repression of War Crimes, 1947, Article 2(1).
Luxembourg
Under Luxembourg’s Law on the Punishment of Grave Breaches (1985), “compelling a person protected by [the 1949 Geneva Convention III] and [the 1949 Geneva Convention IV] to serve in the armed forces of the enemy power” is a grave breach of the 1949 Geneva Conventions. 
Luxembourg, Law on the Punishment of Grave Breaches, 1985, Article 1(4).
Malawi
Malawi’s Geneva Conventions Act (1967) punishes “any person, whatever his nationality, who, whether within or without Malawi commits or aids, abets or procures the commission by any other person of any such grave breach of any of the [1949 Geneva] Conventions”. 
Malawi, Geneva Conventions Act, 1967, Section 4(1).
Malaysia
Malaysia’s Geneva Conventions Act (1962) punishes “any person, whatever his citizenship or nationality, who, whether in or outside the Federation, commits, or aids, abets or procures the commission by any other person of any such grave breach of any of the … [1949 Geneva] conventions”. 
Malaysia, Geneva Conventions Act, 1962, Section 3(1).
Mali
Mali’s Penal Code (2001) provides that compelling a prisoner of war or a protected person to serve in the armed forces of a foreign power is a war crime. It adds that “compelling by a belligerent the nationals of the adverse party to take part in hostilities against their country, even if they were in the service of the belligerent before the commencement of hostilities,” constitutes a war crime in international armed conflicts. 
Mali, Penal Code, 2001, Article 31(e) and (i)(15).
Mauritius
The Geneva Conventions Act (1970) of Mauritius punishes “any person who in Mauritius or elsewhere commits, or is an accomplice in the commission by another person of, a grave breach of any of the [1949 Geneva] Conventions”. 
Mauritius, Geneva Conventions Act, 1970, Section 3(1).
Mexico
Mexico’s Code of Military Justice (1933), as amended in 1996, provides for the punishment of persons found guilty of forcing detainees to participate in military campaigns against their own country. 
Mexico, Code of Military Justice, 1933, as amended in 1996, Article 324(V).
Netherlands
The Definition of War Crimes Decree (1946) of the Netherlands includes “compulsory enlistment of soldiers among the inhabitants of occupied territory” in its list of war crimes. 
Netherlands, Definition of War Crimes Decree, 1946, Article 1.
Netherlands
Under the International Crimes Act (2003) of the Netherlands, it is a crime to commit in an international armed conflict grave breaches of the 1949 Geneva Conventions, including “compelling a prisoner of war or other protected person to serve in the armed forces of a hostile power”, as well as “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”. 
Netherlands, International Crimes Act, 2003, Articles 5(1)(e) and 5(5)(f).
New Zealand
New Zealand’s Geneva Conventions Act (1958), as amended in 1987, provides that “any person who in New Zealand or elsewhere commits, or aids or abets or procures the commission by another person of, a grave breach of any of the [1949 Geneva] Conventions … is guilty of an indictable offence”. 
New Zealand, Geneva Conventions Act, 1958, as amended in 1987, Section 3(1).
New Zealand
Under New Zealand’s International Crimes and ICC Act (2000), war crimes include the crimes defined in Article 8(2)(a)(vi) and(b)(xv) of the 1998 ICC Statute. 
New Zealand, International Crimes and ICC Act, 2000, Section 11(2).
Nicaragua
Nicaragua’s Military Penal Code (1996) punishes the compelling of prisoners of war to fight against their own armed forces. It also punishes the compelling of enemy civilians to serve in Nicaragua’s armed forces. 
Nicaragua, Military Penal Code, 1996, Articles 55(1) and 58.
Niger
According to Niger’s Penal Code (1961), as amended in 2003, it is a war crime to “compel to serve in the armed forces of the enemy power or of the adverse party” persons protected by the 1949 Geneva Conventions or their 1977 Additional Protocols. 
Niger, Penal Code, 1961, as amended in 2003, Article 208.3(4).
Nigeria
Nigeria’s Geneva Conventions Act (1960) punishes any person who “whether in or outside the Federation, … whatever his nationality, commits, or aids, abets or procures any other person to commit any such grave breach of any of the [1949 Geneva] Conventions”. 
Nigeria, Geneva Conventions Act, 1960, Section 3(1).
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … is liable to imprisonment. 
Norway, Military Penal Code, 1902, as amended in 1981, § 108(a).
Norway
Norway’s Penal Code (1902), as amended in 2008, states in a section related to “war crimes against persons”: “In the case of an international armed conflict, any person is also liable to punishment who … compels a protected person to serve in the armed forces of a hostile power.” 
Norway, Penal Code, 1902, as amended in 2008, § 103(c) bis.
The Penal Code further states: “A protected person is a person who does not take, or who no longer takes, active part in hostilities, or who is otherwise protected under international law.” 
Norway, Penal Code, 1902, as amended in 2008, § 103.
Papua New Guinea
Papua New Guinea’s Geneva Conventions Act (1976) punishes any “person who, in Papua New Guinea or elsewhere, commits a grave breach of any of the Geneva Conventions”. 
Papua New Guinea, Geneva Conventions Act, 1976, Section 7(2).
Paraguay
Paraguay’s Penal Code (1997) states that coercing prisoners of war or other persons in the power of the adverse party to serve in the armed forces of the enemy is a war crime. 
Paraguay, Penal Code, 1997, Article 320(6).
Peru
Peru’s Code of Military Justice (1980) provides that compelling prisoners of war to fight against their own forces is a violation of the law of nations. 
Peru, Code of Military Justice, 1980, Article 95(1).
Peru
Peru’s Code of Military and Police Justice (2006) states:
Any member of the military or police shall be imprisoned for a period of no less than five and no more than 15 years if he or she in the context of an international armed conflict:
3. Compels a protected person by means of violence or serious threat to serve in the armed forces of a hostile power, or
4. Compels a member of the hostile party by means of violence or serious threat to take part in the operations of war directed against their own country. 
Peru, Code of Military and Police Justice, 2006, Article 93(3)–(4).
This article is no longer in force. Along with certain other articles in this legislation, it was declared unconstitutional by the Constitutional Court (en banc decision for case file No. 0012-2006-PI-TC, 8 January 2007) because it does not stipulate a crime committed in the line of duty that would fall under the jurisdiction of a military court pursuant to Article 173 of Peru’s Constitution.
Peru
Peru’s Military and Police Criminal Code (2010), in a chapter entitled “Crimes against persons protected by international humanitarian law”, states:
A member of the military or the police shall be punished with deprivation of liberty of not less five years and not more than ten years if, in a state of emergency and when the Armed Forces assume control of the internal order, he or she:
3. Compels a protected person by using violence or by threatening serious harm to serve in the armed forces of an enemy power, or
4. Obliges a member of the adverse party by using violence or by threatening serious harm to take part in belligerent operations against their own country. 
Peru, Military and Police Criminal Code, 2010, Article 90(3)–(4).
Poland
Poland’s Penal Code (1997) provides for the punishment of any person who, in violation of international law, compels persons hors de combat, protected persons and persons enjoying international protection to “serve in hostile armed forces”. 
Poland, Penal Code, 1997, Article 124.
Portugal
Portugal’s Penal Code (1996) provides that in times of war, armed conflict or occupation, compelling the civilian population, the wounded, the sick and prisoners of war to serve in the enemy armed forces is a war crime. 
Portugal, Penal Code, 1996, Article 241(e).
Republic of Korea
The Republic of Korea’s ICC Act (2007) provides for the punishment of anyone who in an international armed conflict commits the war crimes of “[c]ompelling a person, who is to be protected under international humanitarian law, to serve in the forces of a hostile Power” and “[c]ompelling a national of the adverse party to take part in the operations of war directed against his or her own country”. 
Republic of Korea, ICC Act, 2007, Articles 10(5)(3) and 10(5)(4).
Republic of Moldova
The Republic of Moldova’s Penal Code (2002) provides a punishment for anyone who compels protected persons “to serve in the armed forces of the enemy”. 
Republic of Moldova, Penal Code, 2002, Article 137(2)(a).
Romania
Romania’s Penal Code (1968) punishes the compelling of the wounded, sick and shipwrecked, members of civil medical services, the Red Cross or similar organizations, prisoners of war, or of all persons in the hands of the adverse party to serve in the armed forces of the foreign power. 
Romania, Penal Code, 1968, Article 358(a).
Rwanda
Rwanda’s Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes (2003) provides:
Article: 8
A war crime is one of the following acts, committed during armed conflicts against persons or property protected under the Geneva Conventions of 12 August 1949 and its Additional Protocols I and II of 8 June 1977:
5° compelling a prisoner of war or a civilian to serve in the armed forces of a hostile Power, in its intelligence services or administration services;
Article: 9
Shall be punished by one of the following penalties any person having committed one of the war crimes provided for in Article 8 of this law:
3° imprisonment for five (5) to ten (10) years where he has committed a crime provided for in point 4°, 5°, 13°, 14° or 15° of Article 8 of this law.
Article: 10
“War crime” shall also mean any of the following acts committed in armed conflicts:
8° forcing civilians, including children under eighteen (18) years, to take part in hostilities or to perform works related to military purposes;
Article: 11
Anyone who commits one of the war crimes provided for in Article 10 of this law shall be punished by the following penalties:
2° imprisonment for ten (10) to twenty (20) years, where he has committed a crime provided for in point 3°, 8°, 11° or 12° of Article 10 of this law. 
Rwanda, Law Repressing the Crime of Genocide, Crimes against Humanity and War Crimes, 2003, Articles 8–11.
Senegal
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. 
Senegal, Penal Code, 1965, as amended in 2007, Articles 431-3(a)(4) and (b)(13).
Serbia
Serbia’s Criminal Code (2005) states that ordering or compelling “prisoners of war to service in the forces of a hostile power” constitutes a war crime. 
Serbia, Criminal Code, 2005, Article 374(1).
The Criminal Code also states: “Whoever … hides or holds another person with intent to exploit such person … [through] service in armed conflicts, shall be punished by imprisonment of [from] two to twelve years.” 
Serbia, Criminal Code, 2005, Article 388.
Seychelles
The Geneva Conventions Act (1985) of the Seychelles punishes “any person, whatever his nationality, who whether in or outside Seychelles, commits, or aids, abets or procures the commission by any other person of, any such grave breach of any of the [1949 Geneva] Conventions”. 
Seychelles, Geneva Conventions Act, 1985, Section 3(1).
Sierra Leone
Sierra Leone’s Geneva Conventions Act (2012) states:
2. Grave breaches of the [1949 Geneva] Conventions and the [1977] First [Additional] Protocol.
(1) A person of whatever nationality commits an offence if that person, whether within or outside Sierra Leone[,] commits, aids, abets or procures any other person to commit a grave breach specified in –
(c) article 130 of the Third Geneva Convention [on, inter alia, the grave breach of compelling a prisoner of war to serve in the forces of the hostile Power];
(d) article 147 of the Fourth Geneva Convention [on, inter alia, the grave breach of compelling a protected person to serve in the forces of a hostile Power]. 
Sierra Leone, Geneva Conventions Act, 2012, Section 2(1)(c)–(d).
Singapore
Singapore’s Geneva Conventions Act (1973) punishes “any person, whatever his citizenship or nationality, who, whether in or outside Singapore, commits, aids, abets or procures the commission by any other person of any such grave breach of any [1949 Geneva] Conventions”. 
Singapore, Geneva Conventions Act, 1973, Section 3(1).
Slovenia
Slovenia’s Penal Code (1994) provides that compelling civilian persons and prisoners of war to serve in the armed forces or administration of the enemy is a war crime. 
Slovenia, Penal Code, 1994, Articles 374(1) and 376.
Somalia
Somalia’s Military Criminal Code (1963) states:
366. Compelling enemy subjects to take part in or promote military operations. — [1.] A soldier who, in the territory of the enemy State occupied by the armed forces of the Somali State, or in any other place, compels an enemy subject to take part in acts of warfare against his own country, or in any way to promote their implementation, shall be punished by military confinement for not less than three years.
2. The provision set out in the previous paragraph shall not be applied if the act in question is committed against enemy subjects who at the same time possess Somali nationality or who are otherwise subject to the obligations of military service in accordance with the law on citizenship.
396. Compelling prisoners of war … to perform forbidden tasks. — 1. A penalty of military confinement for two to seven years shall be imposed on anyone who uses violence or intimidation against one or more prisoners of war to compel them to:
(b) perform tasks that … are otherwise specifically forbidden by law or by international agreements
2. If the violence consists of homicide, including even attempted murder or manslaughter, or of a severe or serious personal injury, the corresponding penalties prescribed in the criminal code shall be applied. The penalty of short-term imprisonment may, however, be increased. 
Somalia, Military Criminal Code, 1963, Articles 366 and 396.
South Africa
South Africa’s ICC Act (2002) reproduces the war crimes listed in the 1998 ICC Statute, including in international armed conflicts: “compelling a prisoner of war or other protected person to serve in the forces of a hostile Power” and “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”. 
South Africa, ICC Act , 2002, Schedule 1, Part 3, §§ (a)(v) and (b)(xv).
Spain
Spain’s Military Criminal Code (1985) punishes the compelling of prisoners of war and civilians to fight against their own forces. 
Spain, Military Criminal Code, 1985, Article 77(5)–(6).
Spain
Spain’s Penal Code (1995) provides for the punishment of anyone found guilty of “compelling a prisoner of war or a civilian person to serve, in whatever form, in the Armed Forces of the Adverse Party”. 
Spain, Penal Code, 1995, Article 611(3).
Sri Lanka
Sri Lanka’s Geneva Conventions Act (2006) includes the following grave breach as an indictable offence: “compelling a protected person to serve in the forces of a hostile Power”. 
Sri Lanka, Geneva Conventions Act, 2006, Schedule IV: Article 147; see also Schedule III: Article 130.
Sudan
Sudan’s Armed Forces Act (2007) provides:
Subject to the provisions of the Criminal Act of 1991, shall be punished with imprisonment for a term not exceeding five years, whoever:
(1) compels subjects of the enemy, present in the Sudan territory, to fight against their countries, or other countries, even though they used to work, before the flaring of the war, in the Sudan service. 
Sudan, Armed Forces Act, 2007, Article 158; see also Article 152.
Sweden
Sweden’s Penal Code (1962), as amended in 1998, provides that compelling prisoners of war or civilian persons to serve in the armed forces of the enemy is a crime against international law. 
Sweden, Penal Code, 1962, as amended in 1998, Article 22(6).
Switzerland
Switzerland’s Military Criminal Code (1927), taking into account amendments entered into force up to 2011, states in a chapter entitled “War crimes”:
Art. 111
1 The penalty shall be a custodial sentence of not less than five years for any person who commits, in the context of an international armed conflict, a grave breach of the Geneva Conventions of 12 August 1949, namely one of the following acts against persons or objects protected under one of these Conventions:
e. compelling a person to serve in the armed forces of a hostile power;
2 Acts covered by paragraph 1 committed in the context of a non-international armed conflict are equivalent to grave breaches of international humanitarian law if they are directed against a person or object protected by that law. 
Switzerland, Military Criminal Code, 1927, taking into account amendments entered into force up to 2011, Articles 111(1)(b) and (2).
[footnote in original omitted]
Switzerland
Switzerland’s Penal Code (1937), taking into account amendments entered into force up to 2011, states under the title “War crimes”:
Art. 264c
1 The penalty shall be a custodial sentence of not less than five years for any person who commits, in the context of an international armed conflict, a grave breach of the Geneva Conventions of 12 August 1949, namely one of the following acts against persons or objects protected under one of these Conventions:
e. compelling a person to serve in the armed forces of a hostile power;
2 Acts covered by paragraph 1 committed in the context of a non-international armed conflict are equivalent to grave breaches of international humanitarian law if they are directed against a person or object protected by that law. 
Switzerland, Penal Code, 1937, taking into account amendments entered into force up to 2011, Article 264c (1)(e) and (2).
[footnote in original omitted]
Tajikistan
Under Tajikistan’s Criminal Code (1998), “compelling a prisoner of war or any other protected person to serve in the armed forces of the hostile power” is a punishable offence. 
Tajikistan, Criminal Code, 1998, Article 403(2)(d).
Thailand
Thailand’s Prisoners of War Act (1955) provides for the punishment of “whoever coerces a prisoner of war into active service with his enemy’s forces”. 
Thailand, Prisoners of War Act, 1955, Section 15.
Uganda
Uganda’s Geneva Conventions Act (1964) punishes “any person, whatever his nationality, who, whether within or without Uganda commits or aids, abets or procures the commission by any other person of any grave breach of the [1949 Geneva] Conventions”. 
Uganda, Geneva Conventions Act, 1964, Section 1(1).
United Kingdom of Great Britain and Northern Ireland
The UK Geneva Conventions Act (1957), as amended in 1995, punishes “any person, whatever his nationality, who, whether in or outside the United Kingdom, commits, or aids, abets or procures the commission by any other person of, a grave breach of any of the [1949 Geneva] conventions”. 
United Kingdom, Geneva Conventions Act, 1957, as amended in 1995, Section 1(1).
United Kingdom of Great Britain and Northern Ireland
Under the UK ICC Act (2001), it is a punishable offence to commit a war crime as defined in Article 8(2)(a)(vi) and (b)(xv) of the 1998 ICC Statute. 
United Kingdom, ICC Act, 2001, Sections 50(1) and 51(1) (England and Wales) and Section 58(1) (Northern Ireland).
United States of America
Under the US War Crimes Act (1996), violations of common Article 3 of the 1949 Geneva Conventions, grave breaches of the 1949 Geneva Conventions and violations of Article 23 of the 1907 Hague Regulations are war crimes. 
United States, War Crimes Act, 1996, Section 2441(c).
Uruguay
Uruguay’s Law on Cooperation with the ICC (2006) states:
26.2. Persons and objects affected by the war crimes set out in the present provision are persons and objects which international law protects in international or internal armed conflict.
26.3. The following are war crimes:
5. Compelling a prisoner of war or a detained enemy combatant or other protected person to serve in the forces of an enemy Power or of the adversary.
23. 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. 
Uruguay, Law on Cooperation with the ICC, 2006, Article 26.2, 26.3.5 and 26.3.23.
Vanuatu
Vanuatu’s Geneva Conventions Act (1982) provides that “any grave breach of the Geneva Conventions that would, if committed in Vanuatu, be an offence under any provision of the Penal Code Act Cap. 135 or any other law shall be an offence under such provision of the Penal Code or any other law if committed outside Vanuatu”. 
Vanuatu, Geneva Conventions Act, 1982, Section 4(1).
Uruguay
Uruguay’s Military Penal Code (1943), as amended, punishes the compelling of prisoners of war to fight against their own armed forces. 
Uruguay, Military Penal Code, 1943, as amended, Article 58(8).
Venezuela
Venezuela’s Code of Military Justice (1998), as amended, provides for the punishment of anyone who compels a prisoner of war to fight against his or her own forces. 
Venezuela, Code of Military Justice, 1998, as amended, Article 474(15).
Yemen
Under Yemen’s Military Criminal Code (1998), compelling prisoners of war or civilians to serve in the armed forces of the enemy constitutes a war crime. 
Yemen, Military Criminal Code, 1998, Article 21(3).
Yugoslavia, Socialist Federal Republic of
The Socialist Federal Republic of Yugoslavia’s Criminal Offences against the Nation and State Act (1945) considers that, during war or enemy occupation, “any person who ordered, assisted or otherwise was the direct executor of … compulsory mobilization” committed a war crime. 
Yugoslavia, Socialist Federal Republic of, Criminal Offences against the Nation and State Act, 1945, Article 3(3).
Yugoslavia, Socialist Federal Republic of
The Socialist Federal Republic of Yugoslavia’s Penal Code (1976), as amended in 2001, provides that compelling civilians and prisoners of war to serve in the forces of a hostile power or administration is a war crime. 
Yugoslavia, Socialist Federal Republic of, Penal Code , 1976, as amended in 2001, Articles 142(1) and 144.
Zimbabwe
Zimbabwe’s Geneva Conventions Act (1981), as amended in 1996, punishes “any person, whatever his nationality, who, whether in or outside Zimbabwe, commits any such grave breach of [any of the 1949 Geneva] Conventions”. 
Zimbabwe, Geneva Conventions Act, 1981, as amended in 1996, Section 3(1).
Canada
In 2013, in the Sapkota case, Canada’s Federal Court dismissed a request for review of a decision denying refugee protection to the applicant on grounds of complicity in crimes against humanity in Nepal between 1991 and 2009. While reviewing the submissions of the respondent, Canada’s Minister of Citizenship and Immigration, the Court stated: “The Respondent notes that the Rome Statute of the International Criminal Court … is endorsed in Canada as a source of customary law.” 
Canada, Federal Court, Sapkota case, Reasons for Judgment and Judgment, 15 July 2013, § 28.
France
In its judgement in the Wagner case in 1946, the Permanent Military Tribunal at Strasbourg in France ruled that the introduction of compulsory military service for Alsatian civilians was a war crime. 
France, Permanent Military Tribunal at Strasbourg, Wagner case, Judgment, 3 May 1946.
Israel
In its judgement in the Adalah (Early Warning Procedure) case in 2005, Israel’s High Court of Justice stated:
22. Is the army permitted to make a local resident relay an “early warning” to a wanted person in a place besieged by the army, against his will? All agree that such a thing is prohibited (compare regulation 23(4) of The Hague Regulations; article 51 of The Fourth Geneva Convention; Pictet, at p. 292; Fleck, at p. 252). Indeed, the “Early Warning” procedure explicitly states that the assistance of a local Palestinian resident can be solicited in order to relay an early warning only when that resident has consented to provide such assistance. It is also agreed by all that early warning is not to be relayed by a local resident, if doing so will endanger him.
23. However, what is the law regarding the solicitation of a local resident’s assistance, for the purpose of relaying an “early warning” according to the procedure for doing so, when that resident gives his consent, and damage will not be done to him by relaying the warning? Let it be said immediately: no explicit provision applying to that issue, which would contain a solution to our problem, is to be found (see R. Otto “Neighbors as Human Shields? The Israel Defense Forces ‘Early Warning Procedure’ and International Humanitarian Law” 86 Int’l Rev. Red Cross 771, 776 (2004)). The solution to our question requires a balancing between conflicting considerations. On the one hand, is the value of human life. Use of the “Early Warning” procedure is intended to prevent the need to arrest a wanted person through use of force. In this regard, the procedure is intended to prevent damage to the local residents who are in the same place as the wanted person. Indeed, safeguarding of the lives of the civilian population is a central value in the humanitarian law applicable to belligerent occupation (see article 27 of The Fourth Geneva Convention; HCJ 4764/04 Physicians for Human Rights v. The Commander of IDF Forces in Gaza, 58(5) PD 385, 39X; Fleck, at p. 212). The legality of the “Early Warning” procedure might draw its validity from the general duty of the occupying army to ensure the dignity and security of the civilian population. It also sits well with the occupying army’s power to protect the lives and security of its soldiers. On the other hand stands the occupying army’s duty to safeguard the life and dignity of the local civilian sent to relay the warning. That is certainly the case when he does not consent to take upon himself the task he has been given, and when its performance is likely to cause him damage. But that is also the case when he gives his consent, and when performance of the role will cause him no damage. That is so not only since he is not permitted to waive his rights pursuant to the humanitarian law (see article 8 of The Fourth Geneva Convention; Pictet, at pp. 72, 74), but also since, de facto, it is difficult to judge when his consent is given freely, and when it is the result of overt or subtle pressure.
24. In balancing between these conflicting considerations, which shall prevail? In my opinion, the considerations in favor of forbidding the army from using a local resident prevail. At the foundation of my view lie a number of principled reasons. First, a basic principle, which passes as a common thread running through all of the law of belligerent occupation, is the prohibition of use of protected residents as a part of the war effort of the occupying army. The civilian population is not to be used for the military needs of the occupying army (see Fleck, at p. 218). They are not to be “volunteered” for cooperation with the army (see regulation 23(b) of The Hague Regulations and article 51 of The Fourth Geneva Convention; see also Pictet, at p. 292). From this general principle is derived the specific prohibition of use of local residents as a “human shield”. Also derived from this principle is the prohibition of use of coercion (physical or moral) of protected persons in order to obtain intelligence (article 31 of The Fourth Geneva Convention; Pictet, at p. 219). It seems to me that prohibiting use of local residents for relaying warnings from the army to those whom the army wishes to arrest should also be derived from this general principle. Second, an additional principle of the humanitarian law is that all is to be done to separate between the civilian population and military activity (see Fleck, at p. 169). The central application of this rule is the duty to distance innocent local residents from the zone of hostilities (see rule 24 of International Humanitarian Law). This rule calls for an approach, according to which a local resident is not to be brought, even with his consent, into a zone in which combat activity is taking place. Third, in light of the inequality between the occupying force and the local resident, it is not to be expected that the local resident will reject the request that he relay a warning to the person whom the army wishes to arrest. A procedure is not to be based upon consent, when in many cases the consent will not be real (see Fleck, at p. 252). The situation in which such consent would be requested should be avoided. Last, one cannot know in advance whether the relaying of a warning involves danger to the local resident who relays it. The ability to properly estimate the existence of danger is difficult in combat conditions, and a procedure should not be based on the need to assume a lack of danger, when such an assumption is at times unfounded. On this issue, one must consider not only the physical danger of damage from gunfire originating in the wanted person’s location, or from various booby-traps, but also the wider danger which a local resident who “collaborates” with the occupying army can expect.
25. These considerations lead me to the conclusion that the “Early Warning” procedure is at odds with international law. It comes too close to the normative “nucleus” of the forbidden, and is found in the relatively grey area (the penumbra) of the improper.
The result is that we turn the order nisi into an order absolute, in the following way: we declare that the “Early Warning” procedure contradicts international law. 
Israel, High Court of Justice, Adalah (Early Warning Procedure) case, Judgment, 6 October 2005, §§ 22–25.
[emphasis in original]
United States of America
In its judgement in the Weizsaecker case (The Ministries Trial) in 1949, the US Military Tribunal at Nuremberg held that “pressure or coercion to compel [prisoners of war] to enter into the armed forces obviously violated international law” and that the conscription of foreign nationals into the armed forces of a belligerent was a crime against humanity. 
United States, Military Tribunal at Nuremberg, Weizsaecker case (The Ministries Trial), Judgment, 14 April 1949.
Australia
In 2009, in a ministerial statement before the House of Representatives on the humanitarian crisis in Sri Lanka, Australia’s Minister for Foreign Affairs stated:
[T]here remains much human suffering among the civilians trapped in the conflict zone. Reports of abuses from within the conflict zone include accounts of … forced recruitment of … adults by the LTTE [Liberation Tigers of Tamil Eelam]. … Australia urges the LTTE … to end its practice of forced recruitment. 
Australia, House of Representatives, Minister for Foreign Affairs, Ministerial statement: Humanitarian Crisis in Sri Lanka, Hansard, 12 May 2009, p. 3502.
Chile
According to the Report on the Practice of Chile, the prohibition of compelling a prisoner of war to fight against his or her own country (reflected in Article 261 of the Chilean Code of Military Justice), predates the 1949 Geneva Conventions and is based on the 1907 Hague Regulations. 
Report on the Practice of Chile, 1997, Chapter 6.5.
Ireland
In 2009, Ireland’s Minister for Foreign Affairs, in a written response to a question on the situation in Sri Lanka, stated:
I believe that an independent review should consider the allegations of serious breaches of international humanitarian law in the course of the conflict, including … the forced conscription of civilians … into LTTE [Liberation Tigers of Tamil Eelam] units. 
Ireland, Dáil Eireann (House of Deputies), Minister for Foreign Affairs, Written Answers –Foreign Conflicts (3), Dáil Eireann debate Vol. 690 No. 1, 23 September 2009.
Israel
In 2009, in a report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009 (the “Gaza Operation”, also known as “Operation Cast Lead”), Israel’s Ministry of Foreign Affairs stated:
[T]he Israel Supreme Court has ruled that use of civilians in any capacity for the purpose of military operations is unlawful, including the use of civilians to call terrorists hiding in buildings. Adalah The Legal Center for Arab Minority Rights in Israel et. al. v. GOC Central Command, IDF, et. al., HCJ 3799/02 (6 October 2005)]. Following this judgment, this latter practice has also been proscribed by IDF [Israel Defense Forces] orders. The IDF is committed to enforcing this prohibition. 
Israel, Ministry of Foreign Affairs, The Operation in Gaza 27 December 2008–18 January 2009: Factual and Legal Aspects, 29 July 2009, § 227.
Israel
In July 2010, in a second update of its July 2009 report on Israeli operations in Gaza between 27 December 2008 and 18 January 2009, Israel’s Ministry of Foreign Affairs stated that “the standing orders of the Gaza Operation explicitly prohibited the … compulsion of civilians to take part in military operations, in accordance with the Law of Armed Conflict and a Supreme Court ruling on the matter”.  
Israel, Ministry of Foreign Affairs, Gaza Operation Investigations: Second Update, 19 July 2010, § 36.
[footnote in original omitted]
The Ministry further stated: “The MAG [Military Advocate General] has directly referred for criminal investigation all allegations that civilians were … compelled to take part in military operations”. 
Israel, Ministry of Foreign Affairs, Gaza Operation Investigations: Second Update, 19 July 2010, § 37.
The Ministry also stated:
The investigation revealed that while conducting a search in a building in Tel Al-Hawa, two soldiers compelled a boy to open several bags and suitcases suspected of being rigged with explosives. Based on these findings, the MAG [Military Advocate General] found substantial evidence that these soldiers had failed to comply with IDF [Israel Defense Forces] orders prohibiting the use of civilians for military operations. 
Israel, Ministry of Foreign Affairs, Gaza Operation Investigations: Second Update, 19 July 2010, § 41.
Poland
In 2009, in its written replies to the Committee on the Rights of the Child concerning its initial report under the 2000 Optional Protocol on the Involvement of Children in Armed Conflict, Poland stated: “In the light of current Polish penal regulations (art. 124 Pc), the forcing – against international law – of persons covered by international protection to join enemy armed forces, is considered a war crime.” 
Poland, Written replies by the Government of Poland to the Committee on the Rights of the Child concerning the list of issues raised in connection with the initial report of Poland under the Optional Protocol on the Involvement of Children in Armed Conflict, 17 September 2009, UN Doc. CRC/C/OPAC/POL/Q/1/Add.1, § 7.
United States of America
In 1992, in its final report to Congress on the conduct of the Gulf War, the US Department of Defense stated: “Compelling hostages to serve in the armed forces of Iraq constitute Grave Breaches (that is, major violations of the law of war) under Article 147 [of the 1949 Geneva Convention IV].” 
United States, Department of Defense, Final Report to Congress on the Conduct of the Persian Gulf War, 10 April 1992, Appendix O, The Role of the Law of War, ILM, Vol. 31, 1992, p. 618.
The report also listed some specific Iraqi war crimes including “compelling Kuwaiti and third country nationals to serve in the armed forces of Iraq, in violation of Articles 51 and 147 [of the 1949 Geneva Convention IV]”. 
United States, Department of Defense, Final Report to Congress on the Conduct of the Persian Gulf War, 10 April 1992, Appendix O, The Role of the Law of War, ILM, Vol. 31, 1992, p. 634.
Yugoslavia, Socialist Federal Republic of
In 1991, in a document entitled “Examples of violations of the rules of international law committed by the so-called armed forces of Slovenia”, the Ministry of Defence of the Socialist Federal Republic of Yugoslavia included the following: “The YPA [Yugoslav People’s Army] are arrested, while in their identity booklets they state that the military service is completed, and then are forcefully mobilized into Slovenian forces.” 
Yugoslavia, Socialist Federal Republic of, Ministry of Defence, Examples of violations of the rules of international law committed by the so-called armed forces of Slovenia, 10 July 1991, § 3(ii).
UN Commission on Human Rights (Special Rapporteur)
In 1996, in his report on the situation of human rights in Sudan, the Special Rapporteur of the UN Commission on Human Rights stated: “If a prisoner is captured and he refuses to change sides, he is cruelly tortured and executed.” 
UN Commission on Human Rights, Special Rapporteur on the Situation of Human Rights in Sudan, Report, UN Doc. E/CN.4/1996/62, 20 February 1996, § 9.
No data.
African Parliamentary Conference on International Humanitarian Law for the Protection of Civilians during Armed Conflicts
The Final Declaration adopted by the African Parliamentary Conference on International Humanitarian Law for the Protection of Civilians during Armed Conflicts in 2002 expressed deep concern about “the number and expansion of conflicts in Africa” and alarm at “the spread of violence, in particular in the form of … compelling civilians to join in the armed forces … which seriously violate[s] the rules of International Humanitarian Law”. 
African Parliamentary Conference on International Humanitarian Law for the Protection of Civilians during Armed Conflict, Niamey, 18–20 February 2002, Final Declaration, preamble.
No data.
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that “compelling [protected persons] to serve in the forces of an enemy Party” constitutes a grave breach of the law of war. 
Frédéric de Mulinen, Handbook on the Law of War for Armed Forces, ICRC, Geneva, 1987, § 776(j).
ICRC
In 1997, in a working paper on war crimes submitted to the Preparatory Committee for the Establishment of an International Criminal Court, the ICRC proposed that the war crime of “compelling a prisoner of war or another protected person to serve with forces of a hostile Power”, when committed in an international armed conflict, be subject to the jurisdiction of the Court. 
ICRC, Working paper on war crimes submitted to the Preparatory Committee for the Establishment of an International Criminal Court, New York, 14 February 1997, § 1(a)(iv).
No data.