123STA T . 2 608PUBLIC LA W 111 – 8 4—O CT. 28 , 200 9‘ ‘ (7)TAKINGHOST AG E S .—Anyperso ns ubj e ct tot hi sch a pter w ho , ha v in gk nowing l y sei z e d or detained one or m ore persons, threatens to kill, injure, or continue to detain such person or persons with the intent o f compelling any nation, person other than the hostage, or group of persons to act or refrain from acting as an e x plicit or implicit condition for the safety or release of such person or persons, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct. ‘‘( 8 ) EMPL O Y ING POISON O R SIMILAR W EAPONS.—Any person subject to this chapter who intentionally, as a method of war - fare, employs a substance or weapon that releases a substance that causes death or serious and lasting damage to health in the ordinary course of events, through its asphyxiating, bacteriological, or toxic properties, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct. ‘‘( 9 ) U SING PROTE C TE D PERSONS AS A SHIELD.—Any person subject to this chapter who positions, or otherwise takes advan- tage of, a protected person with the intent to shield a military objective from attack. or to shield, favor, or impede military operations, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commission under this chapter may direct. ‘‘( 10 ) USING PROTECTED PROPERTY AS A SHIELD.—Any per- son subject to this chapter who positions, or otherwise takes advantage of the location of, protected property with the intent to shield a military objective from attack, or to shield, favor, or impede military operations, shall be punished as a military commission under this chapter may direct. ‘‘(11) TORT U RE.— ‘‘(A) OF FENSE.—Any person subject to this chapter who commits an act specifically intended to inflict severe phys- ical or mental pain or suffering (other than pain or suf- fering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimi- dation, coercion, or any reason based on discrimination of any kind, shall be punished, if death results to one or more of the victims, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to any of the victims, by such punishment, other than death, as a military commis- sion under this chapter may direct. ‘‘( B ) S E V ERE MENTAL PAIN OR SUFFERING DEFINED.— I n this paragraph, the term ‘severe mental pain or suf- fering ’ has the meaning given that term in section 234 0(2) of title 18.
