'Not affording judicial guarantees to the passing of sentences and the carrying out of executions - NIAC' in document 'Malta: ICC Act 2003'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

FIRST SCHEDULE
(Article 2)
Crimes within the Jurisdiction of the International Criminal Court
Article 8
War crimes
2. For the purpose of this Statute, “war crimes” means -
(c) In the case of an armed conflict not of an international character, serious
12 CAP. 453.] INTERNATIONAL CRIMINAL COURT
violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of
armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause -
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.