War Crimes Defense

What penalty applies to war crimes?

Under part 1 of Article 411 – imprisonment from ten to fifteen years; under part 2 – from fifteen to twenty years or life; under Article 412 – from eight to twelve years; under Article 413 – from ten to twenty years.

Whom does command responsibility concern?

The commander or other leader of armed forces or subunits – even where the crime was committed by subordinate forces and was caused by his inaction.

What is the difference between the two parts of Article 411?

Part 1 covers attacks and violations in general; part 2 covers deliberate killing, torture, hostage-taking and similar forms against persons not taking part in hostilities. The penalty is correspondingly graver – from fifteen to twenty years or life.

Can a person who did not commit the crime himself be liable?

Yes – in the case of commander inaction, where subordinate forces committed the crime under his control. The defense then verifies whether the commander genuinely had control and the ability to intervene.

What does a lawyer examine in such a case?

The qualification, the intent, the subject's status, the substantiation of the episodes and the lawfulness of the evidence – especially its connection with the accused.

4 min·10 Jan 2026

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.

Updated: 14 Oct 2026

Legal basis:

საქართველოს სისხლის სამართლის კოდექსი

War Crimes Defense

What penalty applies to war crimes?

Whom does command responsibility concern?

The commander or other leader of armed forces or subunits – even where the crime was committed by subordinate forces and was caused by his inaction.

What is the difference between the two parts of Article 411?

Can a person who did not commit the crime himself be liable?

What does a lawyer examine in such a case?

The qualification, the intent, the subject's status, the substantiation of the episodes and the lawfulness of the evidence – especially its connection with the accused.

4 min·10 Jan 2026

War Crimes – Articles 411, 412 and 413: What These Norms Cover