Download Respect of the Geneva Conventions Measures taken to Repress Violation, Report, Volume II PDF

TitleRespect of the Geneva Conventions Measures taken to Repress Violation, Report, Volume II
LanguageEnglish
File Size3.6 MB
Total Pages109
Table of Contents
                            COVER PAGE
[Book Plate: Colonel Howard S. Levie Collection]
CONTENTS
REPORT
ANNEX
	A. International Convention of 26.11.68 on the imprescriptibility of war crimes and crimes against humanity
	B. Legislation in various States
		Germany - Dem. Rep. (French)
		Belgium (F)
		Canada (English)
		Ceylon (E)
		Denmark (F)
		Spain (Spanish)
		Finland (E)
		Indonesia (E)
		Japan (E)
		Lebanon (F)
		Kenya (E)
		Mexico (S)
		Nigeria (E)
		Netherlands (F)
		Portugal (F)
		United Arab Republic (E, F)
		Sweden (F)
		Thailand (E)
                        
Document Text Contents
Page 1

D.S. 3/3

XXlst INTERNATIONAL CONFERENCE OF THE RED CROSS

Istanbul, September 1969

RESPECT OF THE GENEVA CONVENTIONS

MEASURES TAKEN TO REPRESS VIOLATIONS


Volume 2
(sequel to the report submitted to the XXth Conference)


(Item 3 of the provisional agenda

of the Commission on Humanitarian Law and Relief

to Civilian Population in the event of Armed Conflict)


Report submitted by the

International Committee of the Red Cross


+

Geneva

March 1969

PROPERlY OF U.S. AAMY
THE JUDOEADVOCATE GENERAL'S SCHOOL
LIBRARY

Page 2

Colonel Howard S. Levie

Collection


The Judge Advocate General 's

Legal Center and School


United States Army

Charlottesville, Virginia

Page 54

-- 53 -

Japon

THE_PENAL CODE (Extract)

Article 60. (Co-principals) Tlvo or more persons who

act jointly in the comrnission of a crime 'are all

principals
0

.Article 61. (Instigators) J.\. person who through his ins­

tigation causes another to commit a crime shall

be dealt with as principal.


2. The same applies to a person who instigatffian
instigator.

Article 108. (Arson of Inhabited' Structure) A person who
sets fire to and burns a building, railroad train,
electric cary vessel or mine actually serving as a
human habitation or in which persons are actually
present shall be punished with death or imprisonment
at forced labor for life or for not less than five
years.

Article 109. (Arson of Uninhabited Structure) A person
who sets fire to and burns a building, vesse~ or
mine not actually serving as a human habitation
or in which persons are not actually present shall
be punished with imprisoDQent at forced labor for
a fixed term of not less th2n two years.

2. Ivhen an obj ect mentioned in the preceding paragraph
belongs to the offender, imprisonment at forced la­
bor for not less than six months nor more than seven
years shall be imposed but if no danger to the public
results, the act shall not be punished.

Article 110< (Setting fire to Objects other than Structures)
A person who sets fire to and burns anything not spe­
cified in the preceding two Articles and thereby en­
dangers the public safety shall be punished with im­
prisonment at forced labor for not less than one year
nor more than 10 yearso

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Japon

2.• When a thing mentioned in the preceding para­
graph belongs to the offender, imprisonment at
forced labor for not more than one year or a
fine of not more than 100 yen shall be imposed.

Article 193. (Abuse of Authority by Public Officer) When

a public officer abuses his authority and causes

a person to perform an act which he has no obli ­

gation to perform, or obstructs a person from

exercising a right which he is entitled to exer­

cise, imprisonment at or without forced labor for

not more than two years shall be imposed.


Article 194. (Abuse of Authority by Special Public

Officer) When a person performing or assisting

in judicial , prosecutive or police functions abu-­

ses his authority and arrests or detains another,

imprisonment at or without forced labor for not

less than six months nor more than 10 years· shall

be imposed.


Article 195. (Violence and Cruelty by Special Public
Officials) limen a person performing or assisting
in judicial , prosecutive, or p·olice functions, in
the performance of his duties, commits an act of
violence or cruelty upon the defendant in a crimi­
nal action for another person, imprisonment at or
without forced labor for not more than seven years
shall be imposed.

2. The same applies when a person vlho is guarding or
escorting another person detained in accordance
1'lith law or ordinance commits an act of violence
or cruelty upon him.

Article 196. (Aggravation by Result) A person who commits
a crime provided in the preceding two Articles and
thereby kills or injures another shall be dealt with
with the punishment prescribed for the crimes of
bodily injury if they be graver.

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Thallande

Matt8rs rel~l.~ing to the sUJ2'p'x~sion

of an action ag~i~y the Geneva Convention.

Laws relating to actions against the Genova

Convention, apart from tho act B.E. 2498 enforcing the

Geneva Convention relative to the Treatment of Prisoners

of War dated 12th August B.E, 2492, of which provisions

are divided into 3 parts.


Part One: Offences committed by prisoners

of war (section 6 - 11)


Psrt two ~ Offences committed against

prisoners of war (section 12 - 17) and


Part three: Offences cow~itted in armed­

conflicts not of International nature (section 18 ~ l~)


1. The Act of Red Cross B.E. 2499 states that
it is an offence to make unl[l1-rful use of the Red Cross
symbol or its name. It is also an offence to imitate the
Red Cross insignia or its purpose in order to deceive
the public. The Act is also to be applied to the use of
the sign of the Red Crescent on a white base or of the
Red Lion and the Sun on a white base~ the use of the State
Seal of the Federal Republic of Switzerland or the imita­
tion of such state seal is against the Convention.

2. Section 49 of the Military Penal Code, as
amended by the Tvlilitary Penal Amendment Code, B.E. 2469
provides that "In time of "V'Tar, vrhoever uses the Red Cross
flag or the mark of Red Cross in violation to the regula­
tions of the International Tre~ty made in Geneva on the
6 th July Ratanakosin Era 125 l shall be punished according
to the provision stated in Section 128 of the Penal Code.

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Thallande

3. Section 48 of the Military Penal Code
provides that, "In time of war, whoever ill-treats
any war casualties or sick persons in the arm-forces
of any part or commits gang-robbery or robbery as pro­
vided in sections 249 - 259 and sections 288 - 303
of the Penal Code, the punishment to be inflicted upon
that person shall be increased by one-half of the
punishment imposed for that offence.

Offences created by the Military Penal
Code are applicable only to persons who are subject to
the Court-Martial. There are no special laws in respect
of the procedure of offences relating to convention,
the procedure of the court is used as in ordinary cases.

*
* *

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