Spans in 'South Africa: Implementation of the ICC Statute' tagged with 'Not affording judicial guarantees to the passing of sentences and the carrying out of executions

'Not affording judicial guarantees to the passing of sentences and the carrying out of executions - NIAC' in document 'South Africa: Implementation of the ICC Statute'

Jump to:

More information about the keyword 'Not affording judicial guarantees to the passing of sentences and the carrying out of executions - NIAC'
More information about the document 'South Africa: Implementation of the ICC Statute'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 5
Miscellaneous

Schedule 1
Crimes

Part 3
War Crimes

'War crimes' mean any of the following:

(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 conduct 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 judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognised 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.