Règle correspondante
France
Practice Relating to Rule 111. Protection of the Wounded, Sick and Shipwrecked against Pillage and Ill-Treatment
Section A. General
France’s Disciplinary Regulations (1975), as amended, states: “It is prohibited to plunder the … wounded”.
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’s Code of Military Justice (1982) provides for the punishment of “any individual, military or not, who, in the area of operation of a force or a unit, … plunders a wounded, sick [or] shipwrecked … person”.
France, Code of Military Justice, 1982, Article 428.
France’s Code of Military Justice (2006) states:
Pillage
The offence by any person, military or not, who, in the area of operation of a force or a unit:
1. Plunders a wounded, sick, shipwrecked or dead person, is punished with ten years’ imprisonment;
2. With a view to plundering, subjects a wounded, sick or shipwrecked person to violence that deteriorates their condition, is punished with life imprisonment.
France, Code of Military Justice, 2006, Article L. 322-6.
France’s Penal Code (1992), as amended in 2010, states in its section on war crimes common to both international and non-international armed conflicts: “Unless they are justified by military necessity, the following offences committed against a person protected by the law of armed conflict constitute … war crimes: … [s]tealing [or] extorting … objects”.
France, Penal Code, 1992, as amended in 2010, Article 461-16.
