Practice Relating to Rule 158. Prosecution of War Crimes
Slovenia’s Penal Code (1994), in a chapter entitled “Criminal offences against humanity and international law”, criminalizes certain acts, committed by “whoever” and some of them “during war, armed conflict (or occupation)”, such as: “war crimes against the civilian population” (Article 374); “war crimes against the wounded and sick” (Article 375); “war crimes against prisoners of war” (Article 376); “use of unlawful weapons” (Article 377); “unlawful killing and wounding of the enemy” (Article 379); “unlawful plundering on the battlefield” (Article 380); “infringement of the rights of parlementaires” (Article 381); “maltreatment of the sick and wounded, and of prisoners of war” (Article 382); “unjustified delay in the repatriation of prisoners of war” (Article 383); “destruction of cultural and historical monuments and natural sites” (Article 384); and “abuse of international symbols” (Article 386).
In 2000, during a debate in the UN Security Council on the protection of UN personnel, associated personnel and humanitarian personnel in conflict zones, Slovenia stated:
States have the primary responsibility to ensure the safety and security of all personnel [i.e. UN personnel, associated personnel and humanitarian personnel in conflict areas]. The Security Council for its part should insist on the responsibility of all parties to a conflict to respect international humanitarian law, and should take appropriate action in that regard. Attacks against such personnel clearly represent breaches of norms of international law. Every incident must be fully investigated, and the perpetrators must be brought to justice.