Practice Relating to Rule 152. Command Responsibility for Orders to Commit War Crimes
Serbia’s Criminal Code (2005) states:
(1) Whoever during time of war or armed conflict orders the employment of means or methods of warfare that are banned under rules of international law, or who uses such means or methods, shall be punished by imprisonment from two to ten years.
(2) If the offence specified in paragraph 1 of this Article results in the killing of a number of persons, the offender shall be punished by a minimum of five years imprisonment [up to a maximum of] thirty to forty years’ imprisonment.
(3) Whoever calls for the employment of … weapons specified in paragraph 1 of this Article shall be punished by imprisonment of [between] six months to five years.