Practice Relating to the Use of Prohibited Weapons
Viet Nam’s Penal Code (1990) punishes “anyone who, in time of war, … uses prohibited means or methods of warfare”.
Viet Nam’s Penal Code (1999) provides for the punishment of those “who, in time of peace or time of war, undertake … the use of prohibited means or methods of warfare”.
Viet Nam’s Criminal Code (2015) states:
Article 423. War crimes
1. Any person in wartime who orders or directly commits the murder of civilians, wounded people, or prisoner[s] of war; pillages; destroys residential areas; uses banned war instruments or methods[;] or commits other acts that seriously violate international law or an international agreement to which [the] Socialist Republic of Vietnam is a signatory shall face a penalty of 10–20 years’ imprisonment, life imprisonment, or death
2. [If t]his offence is committed under pressure or order[s] given by superior officers, the offender shall face a penalty of 10–20 years’ imprisonment.