123STA T . 2 609PUBLIC LA W 111 –84—O CT. 28 , 2009 ‘ ‘ (12)CRUELO R INH U MA N T REATMENT .—Anyperso ns ubj e ct tot hi sch a pter w ho subjects another person in their custo d y or under their physica l control , re g ardless o f nationality or physical location, to cruel or inhu m an treatment that con - stitutes a gra v e breach of common Article 3 of the G eneva Conventions shall be punished, if death results to the victim, by death or such other punishment as a military commission under this chapter may direct, and, if death does not result to the victim, by such punishment, other than death, as a military commission under this chapter may direct. ‘‘(13) I NTENTIONALL YC AU S IN G SERIOUS B O D ILY IN J URY.— ‘‘(A) OF FENSE.—Any person subject to this chapter who intentionally causes serious bodily injury to one or more persons, including privileged belligerents, in violation of the law of war 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 ERIOUS BODILY INJURY DEFINED.—In this para- graph, the term ‘serious bodily injury ’ means bodily injury which involves— ‘‘(i) a substantial ris k of death
‘‘(ii) e x treme physical pain; ‘‘(iii) protracted and obvious disfigurement; or ‘‘(iv) protracted loss or impairment of the function of a bodily member, organ, or mental faculty. ‘‘(1 4 ) M UTILATING OR MAIMING.—Any person subject to this chapter who intentionally injures one or more protected persons by disfiguring the person or persons by any mutilation of the person or persons, or by permanently disabling any member, limb, or organ of the body of the person or persons, without any legitimate medical or dental purpose, 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. ‘‘(1 5 ) MURDER IN V IOLATION OF THE LA W OF WAR.—Any person subject to this chapter who intentionally kills one or more persons, including privileged belligerents, in violation of the law of war shall be punished by death or such other punishment as a military commission under this chapter may direct. ‘‘(1 6 ) D ESTRUCTION OF P ROPERTY IN VIOLATION OF THE LAW OF WAR.—Any person subject to this chapter who intentionally destroys property belonging to another person in violation of the law of war shall punished as a military commission under this chapter may direct. ‘‘(1 7 ) U SING TREACHERY OR PERFIDY.—Any person subject to this chapter who, after inviting the confidence or belief of one or more persons that they were entitled to, or obliged to accord, protection under the law of war, intentionally makes use of that confidence or belief in killing, injuring, or capturing such person or persons shall be punished, if death results
