War Crimes – Articles 411, 412 and 413: What These Norms Cover
Articles 411, 412 and 413 of the Criminal Code of Georgia establish liability for violations of the norms of international humanitarian law during armed conflict. These norms cover both international and non-international armed conflicts and protect persons who do not take part in hostilities – the civilian population, the wounded, the sick, medical and religious personnel, prisoners of war.
War crimes cases are among the most complex criminal cases: they are connected with the norms of international law, historical context and voluminous factual material. The prosecution in such cases relies on a wide web of episodes, and the defense's task is to unpick each episode separately – who acted, where, when and in what circumstances.
Article 411 – Deliberate Violation of the Norms of Humanitarian Law
Part 1 of Article 411 covers the deliberate violation of the norms of international humanitarian law during armed conflict, in particular: attacks on the civilian population or civilians; indiscriminate attacks where it is known that they will cause casualties among the civilian population or damage civilian objects; attacks on a person who has ceased to take part in hostilities; improper use of a protective sign resulting in death or serious physical injury; deportation and transfer of the population; apartheid and other inhumane acts based on racial discrimination; attacks on cultural heritage.
Part 2 records graver forms – against persons who do not take part in hostilities or lack means of defense, as well as the wounded, the sick, medical and religious personnel, prisoners of war: deliberate killing, torture or other inhumane treatment, taking hostages, deportation, arbitrary and large-scale destruction or appropriation of property.
Articles 412 and 413 – the Remaining Forms
Article 412 concerns the performance on a protected detained or otherwise liberty-deprived person of a medical procedure not indicated by his state of health and not in conformity with generally accepted medical standards, even with that person's consent – in particular, physical mutilation, medical or scientific experimentation, and the removal of an organ for transplantation.
Article 413 covers other violations not provided for by those articles: marauding – the appropriation of the property of a killed or wounded person during hostilities; the use of civilians to shield military operations; the use of universally prohibited weapons or methods; and other war crimes provided for by Georgia's international treaties.