Practice Relating to Rule 158. Prosecution of War Crimes
El Salvador’s Code of Military Justice (1934) provides for the punishment of various offences committed “in time of international or civil war”, such as arson, destruction of property, plundering of inhabitants or acts of violence against persons (Article 68). It also provides for the punishment of other acts committed “in time of international war”, including offences against prisoners of war, attacks on medical units, transports or personnel, abuse of the red cross, destruction of cultural property, offences against parlementaires (Article 69), despoliation of the wounded or prisoners (Article 70), despoliation of the dead (Article 71), and unnecessary requisition of buildings and objects (Article 72).
El Salvador’s Penal Code (1997) provides for the punishment of acts of “Genocide” (Article 361), “Violations of the laws and customs of war” committed “during an international or a civil war” (Article 362), “Violations of the duties of humanity” (Article 363), and “Enforced disappearance of persons” (Article 364).