Règle correspondante
Serbia
Practice Relating to Rule 89. Violence to Life
Serbia’s Criminal Code (2005) states that ordering or committing the killing “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group” constitutes an act of genocide.
Serbia, Criminal Code, 2005, Article 370.
The Criminal Code also states that ordering or committing murder “as part of a wider and systematic attack against the civilian population” in violation of international law constitutes a crime against humanity.
Serbia, Criminal Code, 2005, Article 371.
The Criminal Code further states that, in time of war, armed conflict or occupation, ordering or committing “murder of [members of] the civilian population” in violation of international law constitutes a war crime.
Serbia, Criminal Code, 2005, Article 372(3); see also Article 373(2).
The Criminal Code further states that ordering or committing “murder of prisoners of war” constitutes a war crime.
Serbia, Criminal Code, 2005, Article 374(2).
The Criminal Code also states:
(1) Whoever in violation of international law in time of war or armed conflict kills … an enemy who has laid down his weapons or has surrendered unconditionally or has no means of defence, shall be punished by imprisonment of between one to fifteen years.
(2) If the murder specified in paragraph 1 of this Article is committed in a perfidious manner or from base motives, the offender shall be punished by imprisonment of a minimum of ten years.
(3) If the murder specified in paragraph 1 of this Article … [results in] several persons [being] killed, the offender shall be punished by imprisonment of between ten years … to forty years.
Serbia, Criminal Code, 2005, Article 378(1)–(3).
